Henrike Jansen, 2 May 2017, 10h

May 02, 2017

ArgLab Research Colloquium

Av. de Berna 26, I&D Building, First floor, room 1.05

Strategic manoeuvring in the judge’s argumentation in the first case against Geert Wilders

Henrike Jansen, Leiden University Centre for Linguistics, The Netherlands

 

In contrast to the United States of America, where only statements that incite immediate violence are sanctioned, criminal law in the Netherlands (like in other European countries) contains several articles limiting the freedom of speech. It is for violating these rules that the Dutch far-right politician Geert Wilders, the national leader of the Freedom Party who strongly opposes immigration and Islam, has been brought to court twice. In this talk, an analysis is presented of the argumentation of the Amsterdam District Court in the first case against this politician. It is shown that the institutional preconditions of the activity type adjudicating a freedom of speech case in the Netherlands leave much room for strategic manoeuvring, especially with regard to charges concerning the incitement of hatred and discrimination. In order to show the space for manoeuvring, the Court’s argumentation, resulting in acquittal, is compared with the argumentation put forward by the Court of Appeal, which had ordered, after the Public Prosecution Service’s refusal to do so, that Wilders be prosecuted. The analysis shows that the District Court made ample use of the space for manoeuvring provided at the normative level concerning the interpretation of legal rules and case law, and the space provided at the factual level of examining the contested facts in light of the previously identified meaning of a legal rule. 

 

Back to previous page


Events

All Events

Steven Gouveia, 13 December 2017, 16h

Steven Gouveia presents A Neurophilosophical Account of Perception The Mind…

December 13, 2017

Andri Christodoulou, 11 Dec 2017, 16h30

ArgLab Research Colloquium | "Using argumentation as a tool for…

December 11, 2017

Elisabetta Montanari, 27 Nov 2017, 16h

ArgLab Research Colloquium | "Learning Consistency Via Argumentation"

November 27, 2017

Dina Mendonça, Fr 27 Nov 17 Sala 606 TB, 16h

Dina Mendonça on the Role of Reflexivity and Meta-Emotions in…

November 24, 2017

Klaus Gaertner, 15 November 2017, 16h

Klaus Gartner RIP Mind & Cognition Seminar, The Dynamics of…

November 15, 2017

Fabrizio Macagno, 13 November 2017, 16h

ArgLab Research Colloquium | "Evidence for misunderstandings"

November 13, 2017

Conference on Value Disagreement

VDC-2017: International Conference on Value Disagreement @IFILNOVA

November 09, 2017

Assimakis Tseronis, 16 October 2017, 16h

ArgLab Research Colloquium | "Multimodal Argumentation: Building Bridges between Argumentation…

October 16, 2017

Andrés Soria Ruiz, 13th October 2017, 11h

Talk by Andrés Soria Ruiz, Institut Nicod | Fr. 13.10.2017…

October 13, 2017

Workshop on Legal evidence and argumentation

The workshop aims at exploring the notion of expert-based evidence…

October 11, 2017

RIP Seminar with Rob Clowes, 4th October 2017 at 16h.

Mind & Cognition RIP Seminar on Material Agency and Strong…

October 04, 2017

Marcin Lewiński, 2 October 2017, 16h

ArgLab Research Colloquium | "Disagreeing, misunderstanding and strawmanning"

October 02, 2017

Institutions

IFIL FCSH/NOVA
Faculdade de Direito Universidade Nova de Lisboa
FCSH
UNL
FCT