Up, Close and Personal: The Discursive Transformation of Judicial Politics in Post-Dutroux Belgium

Abstract

Ending the influence which politicalparties exercised over judicial appointmentswas a prominent aim of the project of reformingthe Belgian criminal justice system in the1990s. However, focusing on various highprofile scandals affecting public confidence inthe judiciary, this paper questions whether thepolitical nature of the judiciary is capable ofbeing eradicated. Drawing on the work ofChantal Mouffe, this analysis starts with aconsideration of the discursive element inpolitical identity, which is furthercorroborated by the semiotics of Saussure andGreimas. Applying this perspective to theBelgian situation in the 1990s, it is arguedthat a redefinition of politics in terms of an``us/them'' divide between citizens andinstitutions took place. In this process,judges were targeted as part of theestablishment and cast as the constitutiveoutside buttressing the collectiveidentification between the media, victims ofcrime and the general public. In explaining theinstitutional gap, individual traits of judgesconstituted a significant focus, as can beshown through the extraordinary visibility ofone judge who courted media attention when hewas tried for sadomasochistic activities in1997.