Examining the judicial voice from a non-legal perspective: An analysis of non-legal references by courts to the family story in cases of compulsory child adoption in Israel

Abstract

Abstract This study aims to examine the judicial voice in compulsory adoption decisions, from a non-legal perspective, that is, it aims to analyze judges' references to non-legal aspects of such cases. The assumption of the study is that, due to abstract legal concepts in the Israeli law of adoption and the complexity of adoption cases, judges often refer to non-legal aspects of a case while constructing the family story in their decisions. The study makes use of the narrative approach to law in order to investigate forms of non-legal references and their narrative function in adoption decisions. A textual narrative analysis of 130 court decisions in favor of compulsory adoption revealed three primary themes: the judges' emotional difficulties when deciding such cases; references by the judges to the distressful life circumstances of the biological parents; and the judges' expressions of hope and comfort to parents whose child is declared eligible for adoption. The study discusses the narrative function of such references in establishing social legitimization of court decisions and the possible bias effect created by the emotional reactions of the professionals involved. It stresses the need for a deliberative, considered decision-making process by professionals, in order to ensure that the right decision is made in the crucial matter of child placement.