Legal reform is a process of studying laws, identifying weaknesses and inadequacies, and proposing changes to make them more workable. This is often done by an expert group, committee, or commission tasked with reviewing a particular area of the law. For example, a group of experts might study bankruptcy laws and suggest that the law be changed to be fairer and easier to understand.
Legal change happens slowly. It is shaped by a complex interaction between the “outside” influences of modernization (war, plague, or revolution) and the inertia of social facts (e.g., a legal system that doesn’t adapt to new technologies or the growing sexual permissiveness of a society). These forces can cause major shifts in laws and judicial practices, but their exact form is rarely predictable.
Changing the Law Through Legal Reform
While many people may be tempted to lambast judges, it would be more productive to direct their energies toward judicial reform. Increasing the size of the Supreme Court, for example, might reduce the gap between those who see much determinacy in legal texts and those who do not. But it will do nothing to address the underlying interpretive clash.
The sluggish pace of judicial reform is especially problematic in an environment where many people need help with legal issues that threaten their economic and health security. Americans deserve a civil justice system that can fairly and promptly resolve their disputes. For far too long, the legal industry has failed them. We need to invest in reforms that will allow more people to access legal services, lower costs, and ensure the integrity of our judiciary.