DISCRETION TO DISOBEY - A STUDY OF LAWFUL DEPARTURES FROM LEGAL RULES

• NCJ Number: 13414
• Author(s): M R KADISH; S K KADISH
• Date Published: 1973
• Length: 251 pages
• Sale Source: Stanford University Press
• Language: English
• Country: United States of America

Annotation

EXPLORATION OF HOW A LEGAL SYSTEM MAY PROVIDE FOR JUSTIFIED DEPARTURES FROM THE RULES - ACTS THAT VIOLATE THE LAW BUT ARE NONETHELESS SANCTIONED BY THE SYSTEM.

Abstract

THE JUSTIFIED RULE DEPARTURES OF CITIZENS AND OFFICIALS ARE ANALYZED IN DETAIL, E.G., A POLICEMAN'S DECISION NOT TO ARREST AN OFFENDER, A CITIZEN'S DELIBERATE VIOLATION OF THE LAW TO CREATE A TEST CASE, A JURY'S DEPARTURE FROM THE COURT'S INSTRUCTIONS IN REACHING A VERDICT. THE BOOK COVERS THE PHILOSOPHICAL AND LEGAL BASES FOR JUSTIFYING SUCH ACTS, THEIR FUNCTION IN THE AMERICAN LEGAL SYSTEM, AND TO SOME EXTENT IN OTHER LEGAL SYSTEMS, THEIR ACCOMODATION IN DIFFERENT MODELS OF A LEGAL SYSTEM. IMPLICATIONS FOR THE LEGAL OBLIGATIONS OF THE INDIVIDUAL, AND THE CONSEQUENCES OF LAWFUL DEPARTURES FROM THE CONCEPT OF A LEGAL SYSTEM ARE ALSO DISCUSSED. (AUTHOR ABSTRACT MODIFIED)