Sprekende uitspraken: Hoe tekstingrepen de begrijpelijkheid en acceptatie van rechterlijke uitspraken kunnen vergroten

Abstract

How can judges convey their judgments better? In other words: what can they do to increase the comprehensibility and acceptance of their rulings? And why is that necessary? This thesis addresses that communication issue. Judges are accountable to society as a whole for their judgements. Readers without a legal background must therefore also be able to assess the reasoning behind the judgement. Ideally, the judgement should convince them that the judge has made the right decision. A questionnaire survey shows that parties to proceedings who have a positive opinion of the judgment text are more inclined to accept the decision. However, parties to proceedings without legal knowledge appear to be less satisfied with the judgment text than professionals. The question then is what is needed to better tailor judgments to the needs of readers without a legal background. An experiment shows that lay people understand judgments better when the language is simplified. Additional explanations also help. In addition, simpler language increases acceptance of the decision. This thesis takes a multidisciplinary approach to a communication issue in legal practice. It is therefore relevant not only to communication researchers and other professionals who deal with difficult texts, but also to legal scholars and practicing lawyers.