
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
1. About Prosecution 1. About Prosecution
-
1. Prosecution as Symbolic Act 1. Prosecution as Symbolic Act
-
2. Prosecution as Organizational Work 2. Prosecution as Organizational Work
-
3. Prosecution as Public Act 3. Prosecution as Public Act
-
4. Prosecution as Transformation 4. Prosecution as Transformation
-
-
2. About Legal Decision-Making 2. About Legal Decision-Making
-
1. The Pervasiveness of Discretion 1. The Pervasiveness of Discretion
-
2. Reflective and Axiomatic Decision-Making 2. Reflective and Axiomatic Decision-Making
-
3. Surround, Field, and Frame Revisited 3. Surround, Field, and Frame Revisited
-
-
3. About Law 3. About Law
-
1. Law and Risk 1. Law and Risk
-
2. Law’s Pragmatism 2. Law’s Pragmatism
-
3. Law’s Morality 3. Law’s Morality
-
-
-
-
-
13 On Prosecution, Legal Decision-Making, and Law
Get access-
Published:January 2003
Cite
Abstract
This chapter reflects upon the character of legal control. Prosecution is a symbolic act, expressing conceptions of moral order, which carries meanings beyond any instrumental purpose to be served in reducing rule breaking. Prosecution decision-making is also heavily imprinted with its organizational provenance, and must be seen as an exercise in interpretation and translation in an organizational setting. The fact that regulatory bureaucracies are bodies operating on the public stage when they prosecute helps shape perceptions of the nature of regulatory violations and violators. Prosecution is also transformative: private troubles become public affairs, with private ordering by negotiation yielding to public law enforcement and adjudication. The pervasiveness of discretion is discussed, followed by an exploration of reflective and axiomatic decision-making. An analysis of the extent to which law can cope with risk, the pragmatism of law, and law as a moral enterprise concludes the book.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 4 |
November 2022 | 2 |
December 2022 | 6 |
January 2023 | 5 |
March 2023 | 1 |
April 2023 | 7 |
May 2023 | 5 |
July 2023 | 1 |
August 2023 | 4 |
September 2023 | 4 |
October 2023 | 2 |
November 2023 | 2 |
December 2023 | 5 |
January 2024 | 4 |
February 2024 | 4 |
March 2024 | 2 |
April 2024 | 2 |
May 2024 | 14 |
June 2024 | 4 |
July 2024 | 1 |
August 2024 | 2 |
September 2024 | 2 |
October 2024 | 1 |
November 2024 | 2 |
December 2024 | 3 |
January 2025 | 2 |
February 2025 | 2 |
March 2025 | 1 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.