NCJ Number
84774
Date Published
1982
Length
17 pages
Annotation
This selection examines the origins of court reform movements from the last quarter of the 19th century to the present.
Abstract
Court reform is alleged to be primarily a self-serving activity undertaken by the legal profession to justify its market monopoly on delivering legal services and to enhance its public image. This view is modified to suggest that because the legal system plays a central role in legitimating the exercise of governmental authority, court reform may be viewed as an attempt to help the political system adjust to new demands. The three major periods of court reform observable in the 20th century have owed their origins to different forces of political upheaval and pressure. During the Progressive Era, court reform was stimulated by a much larger demand for increased access to the instruments of governmental power. Court reform during the New Deal reflected demands for greater popular control over governmental decisionmaking. Since the 1960's, the pressure has been for the courts to accommodate various intense political conflicts that other institutions seem unwilling or unable to resolve. Eight notes and 41 references are provided.