Judicial Deliberations

Author: Mitchel de S.-O.-L'E. Lasser
Publisher: Oxford University Press, USA
ISBN: 0199575169
Format: PDF, Kindle
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Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.

The Oxford Handbook of Empirical Legal Research

Author: Peter Cane
Publisher: Oxford University Press, USA
ISBN: 0199542473
Format: PDF, Kindle
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The Oxford Handbook of Empirical Legal Research provides a comprehensive guide to one of the most central developments in modern legal scholarship. 43 chapters trace the development of the field, its methodology, and its contribution to understanding every aspect of the modern legal world - from policing to finance, employment to the environment.

Legal Origins and the Efficiency Dilemma

Author: Nuno Garoupa
Publisher: Taylor & Francis
ISBN: 1315311208
Format: PDF
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Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner’s 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

Cambridge Yearbook of European Legal Studies Vol 14 2011 2012

Author: Catherine Barnard
Publisher: Bloomsbury Publishing
ISBN: 1782250522
Format: PDF, ePub
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The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 14 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward

The Principle of Loyalty in EU Law

Author: Marcus Klamert
Publisher: Oxford University Press
ISBN: 0199683123
Format: PDF, Mobi
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The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.

The Legitimacy of Highest Courts Rulings

Author: Nick Huls
Publisher: Cambridge University Press
ISBN: 9789067042895
Format: PDF, ePub, Docs
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In Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (2004), Mitchel Lasser reiterated the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point, judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing.

Judicial Transformations

Author: Mitchel de S.-O.-l'E. Lasser
Publisher: Oxford University Press
ISBN: 0199570779
Format: PDF, ePub, Docs
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Fundamental rights are exploding into all corners of the French and European judiciaries transforming the judicial landscape at breakneck speed. This book analyzes how this transformation has come to pass, and demonstrates that this revolution is both a result of the increasing diversity in Europe, and a product of the increasing interactions between national and supranational courts of Europe.