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.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.