Machine-Made Justice: Some Implications

Joseph J. Spengler · Law and Contemporary Problems · 1963

for suggestions which have improved the content and the presentation of the theme of this essay; he is, of course, solely responsible for its defects.'The importance of the role of value judgment in decision making has been admirably stated by Professor Ralph Braibanti: "The lesser the bureaucratic disposition to reduce the data to incontrovertible, or at least empirically oriented factors, or the lesser the capacity of the data to be so reduced, the greater the dimensions of the -value judgment sector.The value environment of decision making has been submitted to only minimal scrutiny in -studies of bureaucracy, probably because its elusiveness makes it inherently more amenable to philosophic illumination than to empirical analysis....The expansion of bureaucratic discretion directs attention to the predispositions which mold the values held by men who make the decisions, so that the traditions, ethos, and training of the bureaucrat is of crucial significance, a significance directly proportional to the scope of discretionary power which he possesses."See Braibanti,

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