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Policing is the most visible part of this: employees on the bottom have more discretion than employees on the top.
Philosophers such as Ronald Dworkin and H.L.A. Hart have referred to discretion as "the hole in the doughnut" (doughnut theory of discretion) and "where the law runs out" (natural law theory). In perspective, discretion is the empty area in the middle of a ring consisting of policies and procedures. And remember Davis' definition - the making of choices from among a number of alternatives? The freedom of being able to make choices is called a strong sense of discretion. In the weaker sense we would consider cases in which not only the rules don't apply, but the officer makes individualized judgments...
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