Chapter

Introduction

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations

Published in print July 2009 | ISBN: 9780199575169
Published online January 2010 | e-ISBN: 9780191706714 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199575169.003.0001

Series: Oxford Studies in European Law

Introduction

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This book offers a major reassessment of comparative law theory aud practice, doing so from within the traditional core of the American discipline of comparative law. It represents in many respects a return to, or continuation of, classic debates about the similarities and differences between common law and civil law, mainly by disaggregating the issues of judicial transparency and accountability, democratic debate and deliberation, and judicial legitimacy in order to produce a detailed comparative analysis of the complex and often counter-intuitive relationships between them. This book looks at courts that are emblematic of civilian and common law judicial practice: the Cour de cassation of France, the Supreme Court of the United States, and the European Court of Justice.

Keywords: comparative law; common law; civil law; United States; France; Supreme Court; Cour de cassation; judicial legitimacy; European Court of Justice; judicial transparency

Chapter.  9035 words. 

Subjects: Comparative Law

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