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"Hybrid Judicial Career Structures: Reputation vs. Legal Tradition"

  • Publication: Journal of Legal Analysis
  • Research area: Legal Profession/Legal Education

Forthcoming, Tom Ginsburg, Journal of Legal Analysis

“Hybrid Judicial Career Structures: Reputation vs. Legal Tradition” (with N. Garoupa), 3 Journal of Legal Analysis 38 (2011)

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.

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