A network analysis of judicial cross-citations in Europe
Law and social inquiry, 2023, Vol. 48, No. 3, pp. 881-905
SIEMS, Mathias, A network analysis of judicial cross-citations in Europe, Law and social inquiry, 2023, Vol. 48, No. 3, pp. 881-905 - https://hdl.handle.net/1814/75388
Retrieved from Cadmus, EUI Research Repository
Recent years have seen a growing literature on citations between courts from different countries. What explains why such cross-citations occur between some courts but not others? This article addresses this question with original data on 2,967 citations between the private law supreme courts of the twenty-eight member states of the European Union. These cross-citations form a valued network of twenty-eight nodes, which can be analyzed with tools of network analysis. The article uses the method of a multiple regression quadratic assignment procedure in order to address the dependency of observations in a network. The explanatory variables distinguish between variables that proxy for legal similarities between countries and other factors, and, thus, this article contributes to the wider debate about the predominance of either legal or nonlegal factors in judicial decision-making. The main finding is that nonlegal factors play a decisive role, notably a common native language and overlapping language skills, while legal families are not found to be a significant determinant.
Published online: 20 October 2022
Cadmus permanent link: https://hdl.handle.net/1814/75388
Full-text via DOI: 10.1017/lsi.2022.22
ISSN: 0897-6546; 1747-4469
Publisher: Cambridge University Press
Sponsorship and Funder information:
This article was published Open Access with the support from the EUI Library through the CRUI - CUP Transformative Agreement (2020-2022)
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