Abstract

http://ssrn.com/abstract=1905755
 


 



Hybrid Judicial Career Structures: Reputation v. Legal Tradition


Nuno M. Garoupa


University of Illinois College of Law

Tom Ginsburg


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

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: 46

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Date posted: August 5, 2011  

Suggested Citation

Garoupa, Nuno M. and Ginsburg, Tom, Hybrid Judicial Career Structures: Reputation v. Legal Tradition (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. Available at SSRN: http://ssrn.com/abstract=1905755

Contact Information

Nuno M. Garoupa
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
HOME PAGE: http://works.bepress.com/nunogaroupa/
Tom Ginsburg (Contact Author)
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
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