In Rome during the Classical era and in Europe during the early Medieval period, the justice system reflected the society in which it operated. This connection between law and custom tends to occur in all times and cultures. In this quote, the first female Supreme Court Justice, Sandra Day O’Connor, makes two important points about the exclusion of women from participation in the U.S. justice system as judges or lawyers until the 20th century:
…the wheels of justice grind slowly. …That’s the way it’s always been. Justice never moves very swiftly. I would also say that law, basically, is a reflection of the mores of the time. We have legislative bodies constituted to enact laws. And those legislators represent the will of the people [and] they enact laws that reflect the thinking of the times and the mores of the people. And it isn’t to be expected very often that either legislators or courts are going to jump ahead of the thinking of the [majority] of the people and adopt sweeping new changes. Sometimes it happens; or sometimes legislators or courts will nudge people a little further along the way, and get a little ahead of public opinion. But it’s the exception, [not] the rule.
Question
According to Justice O’Connor, why does justice move slowly?
Question
Why don’t legislators or courts try to change mores?
Question
How does change sometimes happen through the legal system?
Question
What two main points does the Honorable Sandra Day O’Connor make?