Happy Families? Translating Positive Psychology into Family Law

Abstract

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This Essay addresses this translation question by exploring the indeterminacies inherent in positive psychology and identifying productive ways forward.

Keywords: public law, legal theory, family law, psychology

JEL Classification: I30, I31, K10