Adversarial Justice: America's Court System on Trial

By Theodore L. Kubicek | Go to book overview

CHAPTER 8. REFORM

NECESSITY OF REFORM

Katz made several comments relative to reform of our legal system.

As Americans have come to demand more of their legal system,
they have also come to have less faith in its fairness. And cosmetic or
peripheral reforms cannot begin to restore either the system’s fairness
or the citizenry’s faith.603

Our quest for justice may be sacred. Our civil justice system, in its
present form, is not. It can and must be changed. It is a system insti-
tuted by the American Founders and modified by their descendants
to handle day-to-day problems. As these problems change, the prob-
lem-solving system must also change if it is to continue to fulfill its
function. Given the immensity of the changes coming upon us, tepid
and half-hearted tinkering will not be enough, and may indeed lead to
a misplaced and potentially disastrous sense of false security. We
must stop pretending, denying, and protesting when it comes to legal
reform.…We must start thinking and acting.604

According to Newsweek, “legal reform is a painfully slow process.”605 Reform may be slow but that does not mean that it

603. Katz, p. 31

604. Katz, p. 153

-153-

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Adversarial Justice: America's Court System on Trial
Table of contents

Table of contents

  • Title Page v
  • Acknowledgments ix
  • Table of Contents xi
  • Preface 1
  • Chapter 1 - The Premise 9
  • Chapter 2 - Justice 31
  • Chapter 3 - Adversarial System 47
  • Chapter 4 - The Legal Profession 67
  • Chapter 5 - Legal Procedures 101
  • Chapter 6 - The Judges 121
  • Chapter 7 - The Juries 135
  • Chapter 8 - Reform 153
  • Chapter 9 - Recommendations 169
  • Conclusion 195
  • Author’s Note 197
  • Bibliography 203
  • Index 207
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