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Afterword: Elite Principles: The ALI Proposals and the Politics of Law Reform, by Carl E. Schneider

Published online by Cambridge University Press:  25 January 2010

Carl E. Schneider
Affiliation:
Professor of Law and Professor of Internal Medicine, University of Michigan
Robin Fretwell Wilson
Affiliation:
University of Maryland, Baltimore
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Summary

God forbid I should insinuate anything derogatory to that profession which is another priesthood, administrating the rights of sacred justice. But whilst I revere men in the functions which belong to them, and would do as much as one man can do to prevent their exclusion from any, I cannot, to flatter them, give the lie to nature. They are good and useful in the composition; they must be mischievous if they preponderate so as virtually to become the whole. Their very excellence in their peculiar functions may be far from a qualification for others. It cannot escape observation that when men are too much confined to professional and faculty habits and, as it were, inveterate in the recurrent employment of that narrow circle, they are rather disabled than qualified for whatever depends on the knowledge of mankind, on experience in mixed affairs, on a comprehensive, connected view of the various, complicated, external and internal interests which go to the formation of that multifarious thing called a state.

Edmund Burke Reflections on the Revolution in France

Of This Time, of That Place

It was the expert who benefited most directly from the new framework of politics. The more intricate such fields as the law and the sciences became, the greater the need for men with highly developed skills. The more complex the competition for power, the more organizational leaders relied on experts to decipher and to prescribe. Above all, the more elaborate men's aspirations grew, the greater their dependence upon specialists who could transcribe principles into policy… .[…]

Type
Chapter
Information
Reconceiving the Family
Critique on the American Law Institute's Principles of the Law of Family Dissolution
, pp. 489 - 506
Publisher: Cambridge University Press
Print publication year: 2006

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