Whether because of a major event (a war, a plague, a revolution), or a major innovation (antibiotics, automobiles, computers) or a broad social movement (democratization, sexual permissiveness), any legal system is subject to constant change. But the precise shape of the change is never clearly predictable. These ‘outside’ forces interact with existing structures and cultural facts, which bend and mediate their influences prismatically.
A key example occurs when a structural reform, such as stripping jurisdiction from the Supreme Court and thus allowing Congress to legislate in those areas, has unexpected consequences inside the community. The political ramifications are clear: A structural reform that increases the power of the executive branch to control judges will reduce judicial independence, and that, in turn, will increase the likelihood of ideologically driven decisions by the high court.
The same dynamic can play out when progressive formal laws are used as a lever against conservative customs. In that case, the effect is ambiguous: It is clear that marginalized members who have left their native communities unambiguously benefit from a more progressive formal law, but it is not so clear what effect it has on those who remain inside the community.
While political-economy explanations of the role of law in a society are important, complementing sociological analysis provides a fuller picture. This is particularly true when it comes to addressing specific legal reform issues, such as: