The Future of Rules: A Discussion with Lorraine Daston
New Books in Law
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Is Unfair Treatment Always Unjust Treatment?
There are at least islands within democracies in which we still expect discretion to be exercised, most obviously in the courts. There's always a fear about the excesses of discretion that it might become arbitrary. We build in a measure of discretion as to how much bending of the rule will be allowed before it breaks. The question is whether unfair treatment is always unjust treatment.
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