oa De aansprakelijkheid voor citaatinhoud - Een vergelijkende analyse van de beoordeling van citaat in Nederlandse jurisprudentie

Quotation is a discourse phenomenon characterised by a textual relation of embedding. As a result, quotations are inherently ambiguous. The quoted source is basically liable for the content of the quotation, but due to several circumstances (such as the social position of the quoting and quoted source, the formal aspects of the way the quotation is embedded, and the function of the quotation) the liability may partly or fully shift to the quoting source. This paper examines a corpus of both criminal and civil cases from Dutch jurisprudence in which a text, in particular a quotation in the text, became the subject of the judicial formation of a judgement. The analysis focuses on whether and how the courts ground their judgments (who is why liable?) in characteristics of the text and of the communication process surrounding the text.