The rule of law inspires other discussions within the field of the distributive analysis of the law.
For distributive analysis, discretionality is the way in which the rule of law is constructed.
From the perspective of distributive analysis, this emphasis on procedures implies the concealing of the malleability of procedural norms and the naturalization of the forms or the procedures as a neutral exercise of the law (Jaramillo & Alfonso, 2008; Duncan Kennedy, 1976).
Based on the premises proposed by distributive analysis, the case study is focused on deconstructing the ideas related to the inevitability and certainty of the rule of law.
Despite this, the rule of law also operates as documented in the distributive analysis, where it is evident that these forms conceal the discretionality of the mothers who make their own decisions and the result of the social policy, as unpredictable and contingent and non-controllable by the "law," understood as a system.
Following what has been set out by Robert Hale, some realist authors and some representatives of critical legal studies such as Duncan Kennedy, distributive analysis insists that the "market" or the "private" are a result of the legal regulations that decide between privileges in terms of a particular group of people with particular forms of operation (such as property and contract rights).
(11.) For Alviar and Jaramillo, there are nine questions that guide a distributive analysis: What is at stake?