As we have seen, natural law theorists and legal positivists not only disagree on the relationship between morality and law, but the extent to which judicial discretion is valid and possibly beneficial to a legal system. As we shall see, legal realists and critical legal theorists think discretion is the norm rather than the exception to legal rules.
In light of these disputes among natural lawyers, positivists and realists, discuss the role, value and factors that could or should influence the use of judicial discretion in a legal system.
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