Judicial Reputation: A Comparative Theory

Paperback | March 22, 2017

byNuno Garoupa, Tom Ginsburg

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Judges are society’s elders and experts, our masters and mediators. We depend on them to dispense justice with integrity, deliberation, and efficiency. Yet judges, as Alexander Hamilton famously noted, lack the power of the purse or the sword. They must rely almost entirely on their reputations to secure compliance with their decisions, obtain resources, and maintain their political influence.

In Judicial Reputation, Nuno Garoupa and Tom Ginsburg explain how reputation is not only an essential quality of the judiciary as a whole, but also of individual judges. Perceptions of judicial systems around the world range from widespread admiration to utter contempt, and as judges participate within these institutions some earn respect, while others are scorned. Judicial Reputation explores how judges respond to the reputational incentives provided by the different audiences they interact with—lawyers, politicians, the media, and the public itself—and how institutional structures mediate these interactions. The judicial structure is best understood not through the lens of legal culture or tradition, but through the economics of information and reputation. Transcending those conventional lenses, Garoupa and Ginsburg employ their long-standing research on the latter to examine the fascinating effects that governmental interactions, multicourt systems, extrajudicial work, and the international rule-of-law movement have had on the reputations of judges in this era.

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Judges are society’s elders and experts, our masters and mediators. We depend on them to dispense justice with integrity, deliberation, and efficiency. Yet judges, as Alexander Hamilton famously noted, lack the power of the purse or the sword. They must rely almost entirely on their reputations to secure compliance with their decisions...

Nuno Garoupa is professor of law at Texas A&M University and holds the chair in research innovation at the Católica Global School of Law, Universidade Católica Portuguesa in Lisbon, Portugal. Tom Ginsburg is the Leo Spitz Professor of International Law at the University of Chicago Law School and research fellow at the American Bar Foun...

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Format:PaperbackDimensions:285 pages, 9 × 6 × 0.8 inPublished:March 22, 2017Publisher:University of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022647870X

ISBN - 13:9780226478708

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Extra Content

Table of Contents

Preface
Introduction

1 A Theory of Judicial Reputation and Audiences
2 Pockets of Exception
3 Wearing Two Hats: Judges and Nonjudicial Functions
4 The Selection and Monitoring of Judges: The Spread of Judicial Councils
5 When Courts Collide: Intracourt Relations and the Problem of Audiences
6 The Rule of Lawyers: Globalization, International Law, and Judicial Reputation
7 Conclusion: The Shift toward the External Audience and Lessons for Reform

Appendix A: List of Courts Included in the Dataset
Appendix B: Data on Judicial Councils

Notes
Index

Editorial Reviews

“Garoupa and Ginsburg offer the first comprehensive theory of judicial reputation, showing how collective or individual reputations of judges can have a variety of impacts on both the functioning of courts and legal systems in general. Their decisive analysis draws on experiences from Asia, Europe, and the Americas. Judicial Reputation is a book of huge significance—not only, as its title suggests, for comparative legal theory, but also because of the vast potential applications of Garoupa and Ginsburg’s research. The chapter on the international reputation of judges, for example, unveils a fascinating dimension of globalization and paves the way for further research on forum shopping and international judicial competition.”