Abstract

http://ssrn.com/abstract=1905755
 


 



Hybrid Judicial Career Structures: Reputation v. Legal Tradition


Nuno M. Garoupa


Texas A&M University School of Law; Catholic University of Portugal (UCP) - Católica Global School of Law

Tom Ginsburg


University of Chicago Law School

January 2012

The Journal of Legal Analysis, 2011

Abstract:     
Scholars have distinguished career from recognition judiciaries, largely arguing that they reflect different legal cultures and traditions. We start by noting that the career/recognition distinction does not correspond perfectly to the civil law/common law distinction, but rather that there are pockets of each institutional structure within regimes that are dominated by the other type. We discuss the causes and implications of this phenomenon, arguing that institutional structure is better explained through a theory of judicial reputation/legitimacy than through a theory of legal origin or tradition. We provide some preliminary empirical support for our account.

Number of Pages in PDF File: 39


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Date posted: August 5, 2011 ; Last revised: August 26, 2014

Suggested Citation

Garoupa, Nuno M. and Ginsburg, Tom, Hybrid Judicial Career Structures: Reputation v. Legal Tradition (January 2012). The Journal of Legal Analysis, 2011. Available at SSRN: http://ssrn.com/abstract=1905755

Contact Information

Nuno M. Garoupa
Texas A&M University School of Law ( email )
1515 Commerce St.
Fort Worth, TX 76102
United States
Catholic University of Portugal (UCP) - Católica Global School of Law ( email )
Lisboa
Portugal
Tom Ginsburg (Contact Author)
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
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