Discretion is the theme of the collection, and the writers believe it can be characterized in positive terms, as it ensures that justice is tailored to the individual and to the facts of the case rather than being applied mechanically. However, without a clear legal framework, it risks allowing arbitrary decisions based on bias or other legally irrelevant factors. All of the papers collected in the book teach us something about the way that discretion plays out in different systems and how it is understood and adapted within existing legal norms and cultures.

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