2) With regards to the legal system, the issue is tremendously worse than it used to be. There was a time when "normal people" had better access to justice - the fact that you even need to ask this question should cause readers to pause and reflect upon what that means for the system.
The legal system, like measures of international violence, have social purposes - this is where Pinker's arguments fall flat to me. Think of them as pressure release valves. If the negative causal force (i.e. Conflict) causing those systems to need to act aren't actually being reduced, yet the system is systemically reacting less and less to the stimuli it is receiving, it is akin to a server reporting that it is A+ Okay and only under 25% load, but ignoring that it is discarding 99% of requests to it. No sane engineer would think things are getting better if the report drops to 24%, given the full context.