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RECONCEIVING THE FAMILY Phần 10

Tóm lại, vấn đề quyền lực ưu tú và sự tham gia dân chủ với lực lượng đặc biệt khi luật gia đình được xây dựng. Không có một phần nhỏ của tầng lớp thượng lưu kết luận rằng trong lĩnh vực này thấp kém xã hội của họ theo đuổi vị trí mà họ "không ưa và tin là đầy với cái chết. | 494 Carl E. Schneider In sum the problem of elite authority and democratic participation presents itself with particular force when family law is formulated. No small part of the elite concludes that in this area their social inferiors espouse positions that they loathe and believe to be fraught with death. And i f you have no doubt of your premises or your power and want a certain result with all your heart you naturally express your wishes in law and sweep away all opposition. 6 Elite law-making is perhaps least dangerous when elites have technical skills and expertise to contribute to technical analysis of technical issues of law. Not only do elites have special advantages in making policy in these areas the public is disadvantaged. The public ordinarily has little idea that those issues exist much less any idea of what is at stake in them and how they ought to be handled. Nor is it practical to bring people up to speed on every item of governmental policy. Elite law-making is also relatively benign where the elite must work within established authority as was the original intention of the Restatements. Even then law reformers will have room to make policy but in those areas we may say of elites what Justice Holmes said of judges I recognize without hesitation that judges must and do legislate but they do so only interstitially they are confined from molar to molecular motions. 7 In these areas that is we need worry less about elites imposing their own perspectives and preferences on the rest of society and rejoice in their labors for us. Family law on the other hand falls within neither category. The laws that currently govern the family are not especially technical or complex. They do not regulate arcane corners of life. Nor were the drafters of the Principles confined within constricting authority the Principles do not even pretend to be a restatement of the earlier law and professional incentives and inclinations drew the drafters away from the established .