Trust and the law in international child abduction cases

Bibliographic Data

ID23030353
AuthorsOlivier Struelens (0009-0002-9002-1560, UCLouvain, corresponding author)
Year2024
Volume14
Issue1
Pages257-286
Publication date2024-02-01
Open AccessYes
TypeARTICLE
VenueOñati Socio-legal Series (JOURNAL)
Journal identifiersISSN: 2079-5971 • E-ISSN: 2079-5971
PublisherOnati International Institute for the Sociology of Law (PUBLISHER • ES)
DOI10.35295/osls.iisl/0000-0000-0000-1346
OpenAlexW4385297114
LanguageEN
Citations received2
References cited24

This article seeks to grasp the legal category of international child abduction through the conceptual lens of trust, from the standpoint of judges. In a more ambitious way, we delve into the relationship between law and trust in the context of the transnationalisation of family law. Going beyond the legal principle of mutual trust, we propose a solid conceptualisation of the notion of trust drawn from sociological theory and we analyse the issues that arises for judges both at the institutional and interactional levels. At the institutional level, we show how trust operates as a procedural mechanism that allows cooperation in the absence of explicit moral consensus, whilst at the interactional level, we demonstrate that trust is imbued with ethical value and pushes judges to be more open to foreign laws and culture.

Context (archaeology) · Epistemology · Geography · Humanities · Political science · Sociology · Conflict of Laws and Jurisdiction · European and International Law Studies · Historical Legal Studies and Society · Law · Philosophy

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