{"product_id":"judicial-deliberations-a-comparative-analysis-of-transparency-and-legitimacy-oxford-studies-in-european-law-9780199575169","title":"Judicial Deliberations A Comparative Analysis of Transparency and Legitimacy Oxford Studies in European Law","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eJudicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice.Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is en\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003ethe strength of this fascinating book is to provide novel comparative ways of analysing the ECJ's institutional and interpretative practice. Especially those researching in comparative law, European law and legal discourse theory will profit considerably from this innovative study * Hannes Rosler (Max Planck Institute for Foreign Private law and Private International law, Hamburg) International and Comparative Law Quarterly  *\u003cbr\u003eThis volume can especially be recommended to jurists with a focus on Comparison and Public Law. * The European Legal Forum, Issue 3, 2009 *\u003cbr\u003eShattering prevailing stereotypes, this book revolutionizes the study of comparative law. It will serve as a basic reference point for future scholarship. * Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University  *\u003cbr\u003eJudicial Deliberations is an ambitious, important, and innovative book, which adds greatly to our understanding of particular legal systems, of the ways in which differing configurations of discourse and institutional practice promote core rule-of-law values, and of comparative methodology itself. Beautifully written and wide-ranging in scope, it is likely to become a classic in the field. * Professor Amalia Kessler, Stanford Law School   *\u003cbr\u003eFinally, must trials be opened up to discussions of non-legal factors and how far should one proceed down this path? In this event, a judge returns to a position of neutral arbiter, of a public debate discussion leader, but then the nature of trials will change. They then become a forum. Are we ready to accept this? Mitchel Lasser's book exploring the American, French and European traditions invites us to seek lines of progression that enrich these experiences while respecting the identities of each of these judicial cultures. * Guy Canivet, Justice of the French Constitutional Council and former President of the French Cour de cassation   *\u003cbr\u003e[I]t seems very much in place to congratulate Professor Lasser on his excellent contribution to the discussion on judicial reasoning and legitimacy. His book constitutes a very important step for comparative analysis of judicial style at the national as well as at the supranational level. * Lech Garlicki, Judge of the European Court of Justice   *\u003cbr\u003eBecause he is bilingual, Lasser was able to analyse the two legal systems from the inside out. He shows how the American and French models each create their own idiosyncratic legitimacy. His analysis provides a healthy antidote to both the dominance of American legal thought and the tendency in Brussels and Strasbourg towards uniformisation. * Professor Nick Huls, Universities of Leiden and Rotterdam   *\u003cbr\u003eReading Professor Lasser's book, Judicial Deliberations is eye-opening. He elegantly presents the way in which different courts in different jurisdictions entertain different types of legal discourses, exposing how those discourses, different as they are, contribute, or indeed do not contribute, to a more transparent and more pluralistic legal culture. Lasser's realist approach is a refreshing disenchantment of judicial deliberations. The appeal of the book for European post-communist legal scholars possibly has to do with disappointment with the legal formalism and authoritarianism of socialist law, which are the elements of the traditional legal approach facing increasing difficulties responding to the emerging social needs associated with the market economy and European integration. Yet, the rabbit hole is much deeper then one usually anticipates. * Professor Sinisa Rodin, University of Zagreb   *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1. Introduction ; PART I: THE THREE COURTS - RAW ANALYSIS ; 2. The French Bifurcation ; 3. The American Unification ; 4. The European Union: Discursive Bifurcation Revisited ; PART II: BIFURCATION ; 5. Similarity and Difference ; 6. France: How is the Discursive Bifurcation Maintained? ; 7. The ECJ: The French bifurcation reworked ; PART III: COMPARISON ; 8. The Sliding Scales ; 9. Apples and Oranges ; 10. On Judicial Transparency, Control, and Accountability ; 11. On Judicial Debate, Deliberation, and Legitimacy ; 12. Concluding Postscript ; Bibliography","brand":"Oxford University Press","offers":[{"title":"Default Title","offer_id":51742155440471,"sku":"9780199575169","price":999.99,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780199575169.jpg?v=1758380844","url":"https:\/\/bookcurl.com\/products\/judicial-deliberations-a-comparative-analysis-of-transparency-and-legitimacy-oxford-studies-in-european-law-9780199575169","provider":"Book Curl","version":"1.0","type":"link"}