NCJ Number
7523
Journal
George Washington Law Review Volume: 41 Issue: 1 Dated: (OCTOBER 1972) Pages: 1-22
Date Published
1972
Length
22 pages
Annotation
HISTORY OF BOTH ANCIENT AND MODERN JURISPRUDENTIAL THEORIES ON THE INTERRELATIONSHIPS BETWEEN AUTHORITATIVE DECISIONS AND THE POWER PROCESS.
Abstract
ALTHOUGH MOST OF THE FEATURES OF A COMPREHENSIVE CONSTITUTIVE PROCESS OF AUTHORITATIVE DECISION ARE ACCORDED SOME MENTION, HOWEVER INDIRECT OR IMPLICIT IN SOME THEORIES, FEW OF THE GREAT THEORIES EVEN ATTEMPT A SYSTEMATIC AND INTEGRATED REFERENCE TO ALL THE DIFFERENT PHASES OF CONSTITUTIVE PROCESS - FROM PARTICIPATION, THROUGH THE ESTABLISHMENT OF PERSPECTIVES AND STRUCTURES OF AUTHORITY, THE ALLOCATION OF BASES OF POWER, AND THE CONDUCT OF STRATEGIES, TO THE SECURING OF DEMANDED OUTCOMES. IN PARTICULAR, THE DIFFERENT TYPES OF DECISION OUTCOMES NECESSARY TO THE EFFECTIVE MAKING AND APPLICATION OF LAW ARE SELDOM CLEARLY DISCRIMINATED, BUT ARE RATHER DISCUSSED IN VAGUE TERMS WHICH REFER MORE TO ORGANS OR STRUCTURES OF AUTHORITY OR TO A DISTRIBUTION OF BASES OF POWER THAN TO DECISION OUTCOMES. AUTHOR ABSTRACT