LE DROIT HORS DE COMPTE. L'AIGUILLAGE MANAGÉRIAL DE LA DISCRÉTION POLICIÈRE

Abstract : The usual sociological description of discretionary police action as verging on abuse of power has often blurred a distinction clearly set up by administrative law. When a judge asserts that an action springs from discretion, he leaves it out from any legal control. He does not only deny this action to constitute an abuse or a crime ; he waives the whole of his right to look into the matter, as a mark of respect for the Administration’s freedom. A valuable touchstone, this theory helps highlighting the impact that recent shifts in police management have had on the course of action of police forces. Far from giving rise to any scandalous surge of arbitrariness in policing — as suggested by most critical sociologists in the penal field — the new management confiscates the capacity of police agents to make use of their discretion, i.e. to make out the most opportune manner of enforcing the law.
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https://halshs.archives-ouvertes.fr/halshs-01929539
Contributor : Pierre Thévenin <>
Submitted on : Wednesday, October 9, 2019 - 11:08:34 AM
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Pierre Thévenin. LE DROIT HORS DE COMPTE. L'AIGUILLAGE MANAGÉRIAL DE LA DISCRÉTION POLICIÈRE. Deviance & Societe, Medecine et Hygiene, 2016. ⟨halshs-01929539⟩

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