This article suggests a reconceptualization of the way in which social and legal sciences traditionally represented the relation between the judicial system and public opinion. Our analysis is based on Niklas Luhmann’s systems theory and on empirical examples taken from case laws and qualitative interviews demonstrating the heuristic potential of the polycontexturalisation of public opinion. In social and legal sciences, research has mainly focused on the public’s opinion of the judicial system. But the notion of polycontexturality here suggests a new approach which consists of analyzing the structures involved in the selection and judicial shaping of legally relevant public opinions. The goal then is no longer to understand what public opinion thinks of the judiciary but rather to understand what the judiciary believes public opinion thinks of it.
