Discretion and the Quest for Controlled Freedom

'This is an essential compendium for scholars and practitioners who seek to understand the role of discretion as a fundamental element of laws, rules, and social norms. Scholarly perspectives and practical insights are enriched through consideration of the exercise, limits, and abuse of discretion in governing, organizations, and professional practice. The distinguished set of authors makes this an impressive undertaking.'

-Peter J. May, Donald R. Matthews Distinguished Professor Emeritus, University of Washington, USA

'This volume addresses some of the very important practice dilemmas for professionals in our time. It provides a road map for navigating the contours of working the spaces between the restrictions of rules and the responsiveness to people in shifting contexts. It gives us hope and ways to move forward. A must-read for every professional.'

-Jan Fook, Professor and Chair, Department of Social Work, University of Vermont, USA

Looking at discretion broadly as the exercise of controlled freedom, this edited volume introduces insights from a range of social sciences perspectives. Traditionally, discussions of discretion have drawn on legal notions of the appropriate exercise of legitimate authority specified by legislators. However, empirical and theoretical studies in the social sciences have extended our understanding of discretion, moving us beyond a narrow legal view. Contributors from a range of disciplines explore the idea of discretion and related notions of freedom and control across social and political practices and in different contexts. As this complex and important topic is discussed and examined, both total control and unconstrained freedom appear to be illusions.

Tony Evans is Professor of Social Work at Royal Holloway, University of London, UK. His research interests focus on professional practice and policy work in adult social care.

Peter Hupe is Visiting Professor at the Public Governance Institute, KU Leuven, Belgium. He is also Honorary Senior Research Fellow in the College of Social Sciences, University of Birmingham, UK. His research focuses on the theoretical-empirical study of public policy processes, particularly policy implementation and street-level bureaucracy.

Auteur

Tony Evans is Professor of Social Work at Royal Holloway, University of London, UK. His research interests focus on professional practice and policy work in adult social care.

Peter Hupe is Visiting Professor at the Public Governance Institute, KU Leuven, Belgium. He is also Honorary Senior Research Fellow in the College of Social Sciences, University of Birmingham, UK. His research focuses on the theoretical-empirical study of public policy processes, particularly policy implementation and street-level bureaucracy.

Résumé

Looking at discretion broadly as the exercise of controlled freedom, this edited volume introduces insights from a range of social sciences perspectives. Traditionally, discussions of discretion have drawn on legal notions of the appropriate exercise of legitimate authority specified by legislators. However, empirical and theoretical studies in the social sciences have extended our understanding of discretion, moving us beyond a narrow legal view. Contributors from a range of disciplines explore the idea of discretion and related notions of freedom and control across social and political practices and in different contexts. As this complex and important topic is discussed and examined, both total control and unconstrained freedom appear to be illusions.

Contenu
1 Conceptualizing Discretion.Tony Evans, Peter Hupe
Part I. Discretion in Context2 Discretion in Context: An Introduction. Peter Hupe,Tony Evans3 Discretion and Blame Avoidance. Christopher Hood4 Discretion in the Surveillance State. Mark Hardy5 Discretion in the Welfare State. Evelyn Brodkin6 Discretion and Welfare Rights in a British Context. Michael Hill7 Discretion and Empowerment Greg Marston, Danielle Davidson
Part II. Perspectives on Discretion8 Perspectives on Discretion: An Introduction. Tony Evans, Peter Hupe9 Discretion from a Legal Perspective. Peter Mascini10 Discretion from an Economic Perspective. Dirk Wolfson11 Discretion from a Psychological Perspective. Lars Tummers, Victor Bekkers12 Discretion from a Sociological Perspective. Zachary Oberfield13 Discretion from a Critical Perspective. Hannah Jobling.
Part III. Discretion in Governance14 Discretion in Governance: An Introduction. Peter Hupe, Tony Evans15 Discretion and Bureaucracy. Paul du Gay, Kirstine Zinck Pedersen16 Discretion in the Policy Process. Peter Hupe, Michael Hill17 Discretion and Street-Level Practice. Hendrik Wagenaar18 Organized Discretion. Suzanne Rutz, Antoinette de Bont19 Managerial Discretion. Catherine Needham20 Automated Discretion. Stavros Zouridis, Marlies van Eck, Mark Bovens
Part IV. Practising Freedom and Control21 Practising Freedom and Control: An Introduction. Tony Evans, Peter Hupe22 Expertise and the Space for Discretion. Michael Luntley23 Discretion and Professional Work. Tony Evans24 The Art of Discretion. Tony Evans25 Discretion as Ethical Practice. Gideon Calder26 Controlled Freedom: Dealing with Discretion. Peter Hupe, Tony Evans