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.
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