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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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Apples and Oranges

Apples and Oranges

(p.269) 9 Apples and Oranges
Judicial Deliberations

Mitchel de S.-O.-l’E. Lasser

Oxford University Press

This chapter argues that the Cour de cassation of France, the Supreme Court of the United States, and the European Court of Justice are truly emblematic courts, courts whose discursive practices and conceptual frameworks characterise those of their respective judicial systems. Each of these three judicial systems possesses defining conceptual structures and discursive practices that go a long way towards making those systems what they are. What makes the French judicial system French, the European system European, and the American system American are formal, discursive, and conceptual attributes that manifest themselves throughout those judicial systems, attributes that surface again and again despite the obvious variation in the parties, the subject matter, the legal issues, and the like handled by the assorted courts in question. This chapter compares the judicial discourses of the three courts as well as their judicial argumentation and judicial decisions.

Keywords:   Cour de cassation, France, Supreme Court, United States, European Court of Justice, judicial systems, judicial discourses, judicial decisions, judicial argumentation

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