Hybrid Judicial Career Structures: Reputation v. Legal Tradition
Nuno M. Garoupa
University of Illinois College of Law
University of Chicago Law School
August 5, 2011
The Journal of Legal Analysis, Forthcoming
U of Chicago Law & Economics, Olin Working Paper No. 567
Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-28
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: 46Accepted Paper Series
Date posted: August 5, 2011
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