The Declaration of War in the Dutch Constitution and Models of Legal Communication

Abstract

Models of communication,frequently used in legal semiotics, offer ananalytic framework for the relationship betweenlegal rules on the one hand and correspondingsocial behaviour on the other. Semiotic modelsseek to clarify (un)successful legalcommunication; they try to reveal the processesof interpretation and sense construction. Inthis paper, these processes are described,taking Article 96 of the Dutch Constitution asan example. Although the text of Article 96 hasremained nearly unchanged, its substantivemeaning has changed fundamentally. Thebackground and development of the `declarationof war', as laid down in Article 96, areanalysed and fully elaborated. It is concludedthat the classical models of communication,largely based upon the idea of the existence ofa linear relationship between rule and conduct,hardly correspond with the complex processes asdescribed in the analysis of Article96 Communication between rule and practice isobviously more than a one-waycausality, in which rule information `flows'from sender (legislator) to receiver (citizen).The institutional model of communication,developed by Ruiter, offers a different approach.

The institutional model is based on the notionof law as `institutional landscaping';realisation depends on common beliefs andgeneral acceptance. The influence of the socialpractice on the meaning of legal rules becomesan important factor. The institutional theoryseems to offer a more adequate model for thecomplex reality of legal communication.