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Article
Hybrid Judicial Career Structures: Reputation v Legal Tradition
Journal of Legal Analysis (2011)
  • Nuno Garoupa, University of Illinois at Urbana-Champaign
  • Tom Ginsburg, University of Chicago
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.
Keywords
  • career judges,
  • recognition judges,
  • civil law,
  • common law
Disciplines
Publication Date
2011
Citation Information
Nuno Garoupa and Tom Ginsburg. "Hybrid Judicial Career Structures: Reputation v Legal Tradition" Journal of Legal Analysis Vol. 3 Iss. 2 (2011) p. 411 - 448
Available at: http://works.bepress.com/nunogaroupa/59/