When advocates use the word “reform” they (we) tend to mean “burn it down.” We use the word reform because we think it sounds nicer and less hostile then “take it out back and shoot it.” “We don’t want to replace it or dismantle it, and we certainly don’t think you’re evil, we just want to reform it a little” is our argument. We try to make it sound as if reforming a process was like taking in suit or slipping a sugar packet under the leg of a wobbly table.
Of course it’s not. Of course what we mean is “you suck and we should be in charge.” Those at whom the reform is aimed know this, of course. Those at whom reform is aimed – prosecutors, the FCC, large financial institutions, etc. – think they are doing just fine thank you very much. They do not see themselves in need of reform any more than church leaders in the 16th Century thought Martin Luther made some interesting points they should all talk about some time over a nice Chianti.
Reform is not good. We don’t seek out reform, reform happens to bad things against their will – think of reform school, the reform party, and, well, the Reformation.
Several years ago I wrote a piece for the Drake Law Review called ”How to Talk Crimey and Influence People” in which I made this argument after hearing from a number of prosecutors that talking about criminal justice reform was not doing advocates any favors. Yet I continue to make this mistake, and continue to hear my clients make it. There is Farm Bill reform (which really means change the current system), health care reform (which generally involves significant overhaul), tax reform (which means go to a flat tax or find some way to ban the IRS), and so forth.
If we want allies across the spectrum, and intend “reform” to mean “make the good better” then we need to say that; make the case for improving, or using best practices. We need to start from the premise that things are good and can be better, not things used to be good and have gone awry or that the whole notion was misguided. If on the other hand by “reform” we mean “it’s broken” then we should say that.
Reform is a word that gets us half way to nowhere and strands us there.
