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Publication Date:
January 2012
ISSN:
1565-3404
DOI:
10.1515/1565-3404.1285

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Self-Restraint: Social Norms, Individualism and the Family

John Eekelaar

1Pembroke College, Oxford, U.K.

Citation Information: Theoretical Inquiries in Law. Volume 13, Issue 1, Pages 75–95, ISSN (Online) 1565-3404, DOI: 10.1515/1565-3404.1285, January 2012

Publication History:
Published Online:
2012-01-15

Representations of contemporary individualism as “selfish” can lead to the perception that social and community relationships take place in a normative vacuum, which the law should attempt to fill. In this Article I argue that the representation is inaccurate and that replacing moral or social norms with legal norms carries serious risks. I suggest three models for the relationship between state law and family norms: the “authorization” model; the “delegation” model; and the “purposive abstention” model. Since I maintain that moral and social norms do pertain within families, I argue that the “purposive abstention” model should normally be preferred.

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