The wigs date back from a time where all people of social status wore wigs. Quite simply, the courts just did not keep up with the times and when wigs began to decline in popularity.
At present, wigs are now usually only worn in criminal proceedings and certain appellate courts. Until recently, solicitors or solicitor advocates (such as Alesha)were not permitted to wear wigs, only barristers and judges. This rule was changed, I believe, in 2008 due to solicitor advocates complaining that barristers would appear superior in the eyes of the jury and more readily believed.
There are three main arguments for keeping wigs and robes. Firstly, its tradition and the public on the whole do appear to want it retained.
Secondly, it is felt in some quarters that it helps retain the sense of occasion and grandeur of being part of a trial where a persons liberty is at stake. A criminal court is not somewhere that normal members of the public should wish to find themselves in frequently. The wigs, robes and other traditions help to reinforce that this is not to be considered a normal or preferable everyday experience.
Thirdly, there is also a train of thought that the wigs help to 'mask' the appearance of the judges and barristers. Of course, the names of these people are public knowledge and are mentioned frequently in trials. If somebody was keen enough to do so in the age of the internet,finding information on them would be fairly straightforward but still, your average tom dick and harry would probably have trouble recognising a judge without his wig.
I do find it slightly odd that Americans feel it looks ridiculous. It was your culture and legal system as well once!
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denverlev
11 years ago
Thank you, that was well stated and informative. The tradition does continue somewhat here in the states, judges still wear the robes and are addressed as "your Honor".
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vze3gqhh
11 years ago
One thing to add, is just like the theory with uniforms in some US schools and most international schools, by judges and barristers or lawyers dressed similarly and in a standard fashion it keeps the focus on "the law" and "the trial" and in school on "learning" as opposed to fashion although that seems to work less well for a variety of off-topic reasons.
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Helena727
9 years ago
An excellent point about the logic (part of the logic) behind uniforms of all sorts. Thanks!
"All you need to start an asylum is an empty room and the right kind of people."
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