Bureaucratic Discretion

This book explains the different approaches legislators use when they write laws.

This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School

This book explores contemporary and historical examples of bureaucratic discretion to describe a continuum of resistance to authoritative directives by hierarchical superiors. Resistance ranges from blind obedience or complete nonresistance to street-level opposition; in between these extremes, however, are minimal compliance and resistance sanctioned by immediate superiors. Although politicians may pass legislation, the subject of bureaucratic implementation or lack thereof remains an area of vital concern. Grounded in administrative theory (beginning with Woodrow Wilson’s seminal discussion of the virtue of adopting a businesslike approach to American governing) and emphasizing the power of street-level bureaucrats, the aim of this book is to expand awareness of the potentially dangerous power of insulated bureaucrats.

This book argues that bureaucracies can contribute to stability and economic development, if they are insulated from unstable democratic politics. The book will appeal to those interested in political science, economics, law, sociology, and modern political history.

Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.

This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School

This book draws together internationally acclaimed scholars from across the world to address the roles of public officials whose jobs involve dealing directly with the public. Covering a broad range of jobs, including the delivery of benefits and services, the regulation of social and economic behavior, and the expression and maintenance of public values, the book presents in-depth discussions of different approaches, the possibilities for discretionary autonomy, and directions for further research in the field.