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Representations of contemporary individualism as âselfishâ 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 âauthorizationâ model; the âdelegationâ model; and the âpurposive abstentionâ model. Since I maintain that moral and social norms do pertain within families, I argue that the âpurposive abstentionâ model should normally be preferred.

Self-Restraint: Social Norms, Individualism and the Family