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Decisions to Imprison
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This volume presents an analysis of sentencing decision making. The author uses quantitative and qualitative methods from studies carried out in Denmark to address the influence of legal and extra-legal factors in generating sentencing decisions. The work investigates how court decision-making is organized to allow the sentencing decision-making to be open to more than its formal legal framework, while at the same time keeping the sentencing within the boundaries of law and legal validity. The author adopts the theory of law's operational closure, developed by Niklas Luhmann. The theory captures the close and subtle interactions between law's need for validity and for contextual openness in every legal operation - including court decision-making.
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