Staying our of court? Reservations about a supposed practice and a popular policy

Research output: Contribution to journalArticleScientificpeer-review


The phrase ‘staying out of court’ raises two questions. Firstly, is there really
a tendency to stay out of court? Secondly, if this tendency exists, is it a
welcome development or a regrettable one? The first question is difficult to
answer, as there are opposing inclinations. And since the judicial domain is a
multilayered phenomenon, there is no way of telling whether the tendency is
To gain a clearer overview of the judicial domain, it seems advisable
to switch from a quantitative to a qualitative perspective, which
conceptualises adjudication as part of the democratic decision-making
process. We are then in the position to distinguish different kinds of increase
or decline in broad or deep judgments and are also able to identify the
drawbacks of a practice or a policy of staying out of court: for example, the
loss of common ownership, accessibility, visibility and plurality. These
findings set limits to a government policy of staying out of court, both in
terms of breadth in large numbers of cases as well as in depth for exemplary
and complex cases.
Original languageEnglish
Pages (from-to)107-120
Number of pages13
JournalErasmus Law Review
Issue number5
Publication statusPublished - 2008
Externally publishedYes


Dive into the research topics of 'Staying our of court? Reservations about a supposed practice and a popular policy'. Together they form a unique fingerprint.

Cite this