TY - CHAP
T1 - Discretion and Street-Level Practice
AU - Wagenaar, Hendrik
N1 - Publisher Copyright:
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2020.
PY - 2019/1/1
Y1 - 2019/1/1
N2 - Although most public administration scholars consider discretionary behaviour as necessary for effective administrative decision-making, it is also regarded as a risk. That risk concerns to cut the crucial relation between administrative behaviour and formal law that undergirds the legitimacy of the state. This received view has enormous intuitive and normative power. Disconnected from its legal and democratic mooring, administrative discretion raises the spectre of subjective and arbitrary behaviour by state officials. In contrast with this view, this chapter frames discretion as a practice. While open-ended and improvisational, a practice is neither arbitrary nor rule-less. Administrative practice is bound by tradition, experience, norms, peer pressure and background knowledge. I introduce the analysis of oral narrative as a method that reveals the micro-dynamics of discretionary behaviour. By applying this method to the case of a welfare officer I show how narrative analysis illuminates the craft of navigating the complexities of the welfare programme. In the conclusion, I argue that administrative practice, when properly organized, is the optimal way of safeguarding the integrity and legitimacy of public administration.
AB - Although most public administration scholars consider discretionary behaviour as necessary for effective administrative decision-making, it is also regarded as a risk. That risk concerns to cut the crucial relation between administrative behaviour and formal law that undergirds the legitimacy of the state. This received view has enormous intuitive and normative power. Disconnected from its legal and democratic mooring, administrative discretion raises the spectre of subjective and arbitrary behaviour by state officials. In contrast with this view, this chapter frames discretion as a practice. While open-ended and improvisational, a practice is neither arbitrary nor rule-less. Administrative practice is bound by tradition, experience, norms, peer pressure and background knowledge. I introduce the analysis of oral narrative as a method that reveals the micro-dynamics of discretionary behaviour. By applying this method to the case of a welfare officer I show how narrative analysis illuminates the craft of navigating the complexities of the welfare programme. In the conclusion, I argue that administrative practice, when properly organized, is the optimal way of safeguarding the integrity and legitimacy of public administration.
UR - http://www.scopus.com/inward/record.url?scp=85149528568&partnerID=8YFLogxK
U2 - 10.1007/978-3-030-19566-3_17
DO - 10.1007/978-3-030-19566-3_17
M3 - Chapter
AN - SCOPUS:85149528568
SN - 9783030195656
T3 - Discretion and the Quest for Controlled Freedom
SP - 259
EP - 277
BT - Discretion and the Quest for Controlled Freedom
A2 - Evans, Tony
A2 - Hupe, Peter
PB - Springer
CY - Netherlands
ER -