THE ROLE OF 'HAPPINESS' IN JUDICIAL REASONING IN FAMILY LAW CASES

Abstract

This article introduces the role of “happiness” in judicial reasoning within family law cases across European jurisdictions, with a particular focus on Italy, France, and England. It highlights how, traditionally indifferent or hostile towards emotions, the legal system has evolved to integrate emotions like happiness into legal reasoning, particularly in family law. The study underscores the increasing recognition of diverse family structures and how the law now often accounts for emotional well-being in decisions involving marriage, parenthood, and child custody. Judicial decisions, although rarely explicit in recognizing happiness as a legal concept, frequently use it as an implicit factor in determining outcomes related to children’s best interests, the welfare of families, and individual emotional fulfilment. The analysis also delves into how courts balance the pursuit of happiness with legal obligations, using happiness both as a persuasive tool and, occasionally, as a rational justification for legal conclusions. The study examines how courts in different jurisdictions invoke happiness to maintain consistency, protect emotional well-being, and confer legitimacy upon family law norms, offering insights into how emotions shape judicial reasoning in family disputes.