What is Legal Reform?

Legal reform is a process of examining regulations, laws, and institutions to determine how they may need to change. It includes creating new law, consolidating existing law, and reorganizing the way existing laws are written. Often, this is the work of lawyers. However, other groups can play a role as well – like non-profits that provide access to justice for those who need it most.

Changing the law is no easy task, especially in societies with strong cultures and traditions of adherence to the status quo. Legal systems very commonly change in a ‘ragged’ way, with some parts of the law changing faster than others. The reason for this is that a powerful ‘outside’ force or movement typically has to compete with other social forces and movements that are rooted in the culture of the society. This competition inevitably results in a kind of stalemate.

The ‘outside’ force may win the battle, but it is often impossible to predict exactly what form the resulting change in the law will take. A major event (war, plague, revolution) or a significant innovation (antibiotics, automobiles, computers) may produce enormous changes in the law and in the culture. But so might scandals, incidents, or ‘horror stories’.

Structural reforms can also lead to rapid legal change. For example, if a contract has been misdrafted by an unscrupulous attorney, it can be reformed so that it meets the actual intention of the parties. For instance, the contract can be amended by adding a rider clarifying the terms or by drafting an entirely new agreement.