The judicial domain in view<br> Figures, trends and perspectives

• Main Authors: Marc Loth, Elaine Mak
• Format: Article
• Language: English
• Published: Utrecht University School of Law 2007-06-01
• Series: Utrecht Law Review
• Subjects: judicial organisation; legal theory; the Netherlands; the United States
• Online Access: http://www.utrechtlawreview.org/articles/10.18352/ulr.38/

The paper sets out to describe the most relevant social tendencies that can influence the Dutch judicial system’s domain in the medium term and to evaluate the possible effects of these tendencies on the composition of legal fields. American legal theory concerning the role of the courts’ functions is a frame of reference for the analysis. In the light of a quantitative paradigm, first, the judicial domain is represented in figures and demarcated with respect to the domains of other relevant activities and participants. The social role of courts in the Dutch legal system is then considered in the light of a qualitative paradigm, focusing on the influence of the judge and the impact of his judgments. These lines of thought are brought together in the description of a few possible scenarios for the development of the judicial domain in the Netherlands in the years to come. A few conclusions round off this investigation.