e-journal
HYBRID JUDICIAL CAREER STRUCTURES: REPUTATION VERSUS LEGAL TRADITION
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.
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