Hybrid Judicial Career Structures: Reputation v. Legal Tradition

39 Pages Posted: 5 Aug 2011 Last revised: 26 Aug 2014

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Tom Ginsburg

University of Chicago Law School

Date Written: January 2012

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.

Suggested Citation

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

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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