Rule of Law V Rule of Man - The Search for the Golden Zigzag Between Conflicting Fundamental Values

• NCJ Number: 94997
• Journal: Journal of Criminal Justice Volume: 12 Issue: 4 Dated: (1984) Pages: 379-394
• Author(s): D J Spader
• Date Published: 1984
• Length: 16 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

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.

Abstract

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. (Author abstract)