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Judicial DeliberationsA Comparative Analysis of Transparency and Legitimacy$
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Mitchel de S.-O.-l'E. Lasser

Print publication date: 2009

Print ISBN-13: 9780199575169

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199575169.001.0001

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Introduction

Introduction

Chapter:
(p.3) 1 Introduction
Source:
Judicial Deliberations
Author(s):

Mitchel de S.-O.-l’E. Lasser

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199575169.003.0001

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

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