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Judicial Reputation: A Comparative Theory
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About Judicial Reputation: A Comparative Theory
Product Description 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. Review "An impressive contribution to the study of judges and judicial systems. The theoretical contribution is vast, in that it articulates a vision for understanding micro-level judicial behavior and macro-level functioning of legal systems. It moves well beyond the traditional 'legal traditions' argument, but not without taking seriously what that conventional wisdom has to offer. Garoupa and Ginsburg make a strong case for viewing the components of and incentives for various types of judicial reputation as a key factor in understanding the way judges and courts operate in different historical and environmental contexts. They investigate the sometimes conflicting need for judges to maintain individual and collective reputations. They focus specifically on the role of institutions in shaping incentives for judges. Garoupa and Ginsburg’s mixed-methods approach represents the very best of empirical research on courts. They draw on a deep well of data from judiciaries around the world, but their findings are just as applicable to questions of courts and judges of a much more local nature. Researchers and reform-minded practitioners across a wide swath of the law and courts world will find inspiration in these pages. Highly recommended." ― Choice "Garoupa and Ginsburg explore 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 in legal systems throughout the world. Arguing that judicial structure is best understood not through the lens of legal culture or tradition, but through the economics of information and reputation, they draw on their prior research to identify the effects that governmental interactions, multicourt systems, extrajudicial work, and the international rule-of-law movement have on the reputations of judges." ― Law & Social Inquiry "Reputation, as the authors of this important book define, is the stock of assessments about an actor’s past performance. Reputation is crucial in many areas, and as the authors say, judging is no exception." ― Livelaw "Even in the world’s largest democracy, India, recent years have seen a worrying rise in the number cases involving judicial misbehaviour, including acts of corruption. Against that background, the book under review makes a timely appearance. It deals with that extremely precious commodity, judicial rep
