Citation

Spader DJ. J. Crim. Justice 1984; 12(4): 379-394.

Copyright

(Copyright © 1984, Elsevier Publishing)

DOI

10.1016/0047-2352(84)90050-3

PMID

unavailable

Abstract

Although most theorists from Aristotle to K. Culp Davis have recognized the need for law and discretion in any government, there has been very little analysis of the values protected by rule of law or the values preserved by rule of man (discretion). Nor has there been a systematic analysis of the relationship between these values. This article suggests that the law/discretion conflict is an essential and potentially productive conflict because both law and discretion protect fundamental, but limited, values which are essential for achievement of justice. Therefore, it is of the essence to understand the values underlying both law and discretion.