This jurisprudential void owes much to the pervasiveness of liberal ideology. Liberalism presupposes a dichotomy between the individual and the state. The state's role is negatively defined under liberal ideology; it is responsible for preventing chaos, but must not otherwise interfere in the lives of individuals. This article focuses on two aspects of the liberal tradition: the privileging of the individual and the birth of instrumental rationality. An examination of sentencing jurisprudence regarding drug offenses in New South Wales between 1989 and 1993 found one supreme principle of sentencing: judicial discretion. The exercise of judicial discretion is associated with freedom, flexibility, and art. The author does not advocate a fettering of judicial discretion; rather, he argues for a more specific and contextual approach to punishment issues that takes into account community standards on punishment. 55 notes and 42 references