Human dignity against the state? Evidence, law and emotions in Belgian welfare courts

Since the 1970s, litigation has been analyzed as a social process. Scholars have explored the legal consciousness of citizens, the way they deal with disputes and the social and political changes that mobilizing law allowed for. This paper aims to contribute to those debates by exploring to work and the legal consciousness of magistrates in Belgian welfare courts. It examines the place of law, emotions and evidence, and delves into the way judges deal with social and political pressure in a context where migration policies are increasingly restrictive. It reflects on impact of jurisprudence on administrative practices, and shows that welfare judges – just like lawyers and their clients – regularly use the law in order to produce social and political effects ‘against the state’ using human rights principles.