
Contents
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1. Introduction 1. Introduction
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2. Oracles of the Law 2. Oracles of the Law
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3. Comparative Institutional Analysis 3. Comparative Institutional Analysis
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4. Empirical Studies 4. Empirical Studies
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5. Conclusion 5. Conclusion
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Acknowledgements Acknowledgements
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References References
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2 Legal Traditions and Their Relation to Judicial Behaviour
Get accessNuno Garoupa, Professor of Law, George Mason University
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Published:18 December 2023
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Abstract
The attitudinal model or the agency-based explanations are structured around individual preferences, incentives, and institutional interactions. Therefore, in general, their prescriptive implications are not conditional on a certain legal family. For example, the attitudinal model and the agency-based explanations do not rely on the traditional common law–civil law divide. Published in 1968, Dawson’s masterpiece, Oracles of the Law, influenced generations of comparative law scholars in addressing the relationship between judicial behaviour and legal traditions. The author argued that the distinction between common law and civil law explains how courts decide. This chapter integrates these two literatures—judicial politics and comparative law and finds that there is limited empirical evidence at the micro level assessing the impact of legal traditions on judicial behaviour.
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