Abstract
This paper presents the results of eight case studies of post-defence hearings in a Dutch court, in which the judge was questioned about his role conception, judicial behaviour at the hearing was observed and parties were interviewed about their perception of procedural justice after the hearing. A large part of the findings are in line with former research on procedural justice. Nevertheless, self-generated answers by the respondents revealed interesting miscellaneous findings. The main aim of this paper is to shed light on the complexity of interactions in post-defence hearings. Furthermore, we will attempt to offer researchers in the field of procedural justice inspiration to examine some of our findings in future research by accurately describing the methods used. Our study brings original perspectives for understanding the content and importance of procedural justice judgments.
Highlights
Since the entry into force of the Civil Procedural Law Revision Act (Herzieningswet procesrecht burgerlijke zaken) in 2002, a post-defence hearing has become an essential part of the Dutch civil legal procedure
By describing our method and illustrating it with some important results, we attempt to offer researchers in the field of procedural justice inspiration to examine some of our findings in future research
In this research we explored the relationships between role conception, judicial behaviour and procedural justice
Summary
Since the entry into force of the Civil Procedural Law Revision Act (Herzieningswet procesrecht burgerlijke zaken) in 2002, a post-defence hearing has become an essential part of the Dutch civil legal procedure. This is caused by the fair process effect, which suggests that if parties perceive the procedure as fair, they are more likely to perceive the procedure as legitimate.[1] The fair process effect constitutes an important reason for conducting research in order to understand under which conditions parties perceive procedures to be just Departing from these assumptions, this paper makes a contribution to the discussion in this Utrecht Law Review special issue by sharing the method and results of an explorative research on role conception, judicial behaviour and perceived procedural justice in post-defence hearings.
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