The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have "lost," would benefit from insight into why the court has ruled and whether or not there was disagreement. I will first look at the Dutch system from two perspectives: legal and sociological. I will then discuss the position of minorities in Dutch law, and finally make some concluding remarks.
Niels F. van Manen, The Secret of the Court in the Netherlands, 24 SEATTLE U. L. REV. 569 (2000).