Cumulative judicial policymaking both reflects and reshapes social norms.
Evidence
During the early twentieth century, for example, judges—rhapsodizing that “there is but a twilight zone between a mother’s love and an atmosphere of heaven”—consistently supported maternal claims for custody.”° But in recent decades, fathers have become more willing to seek custody and more successful in obtaining it, and judges have been more willing to award joint custody to divorcing parents. As these changes suggest, cumulative policymaking both responds to and influences broader societal developments. — G. Alan Tarr, Judicial Process and Judicial…, 2822
Categorization
- XREF: Mirrors the textbook’s theme that courts are both shaped by and shapers of social change.