This book examines the complex and often arbitrary nature of judicial decision-making in the American legal system. Kenneth L. Davis, a noted legal scholar, delves into the discretionary powers wielded by judges, prosecutors, and other legal actors. The work analyzes the historical development and practical implications of these discretionary choices, exploring how they shape outcomes in criminal and civil cases. It questions the balance between individual judgment and the need for consistent legal application.

The book is recognized as a foundational text in the study of legal decision-making, offering a critical perspective on the role of discretion within the justice system. Scholars often cite its detailed analysis of how individual judgments, rather than strict legal rules, frequently determine case resolutions. The work is valued for its historical depth and its contribution to understanding the practical realities of law in action. Its arguments continue to inform contemporary debates on legal reform and judicial accountability.