Document Type
Article
Publication Date
1-2011
Journal Title
Journal of Legal Analysis
ISSN
1946-5319
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.
First Page
411
Volume Number
3
Publisher
Harvard Law School
Recommended Citation
Nuno Garoupa & Tom Ginsburg,
Hybrid Judicial Career Structures: Reputation versus Legal Tradition,
3
J. Legal Analysis
411
(2011).
Available at:
https://scholarship.law.tamu.edu/facscholar/423