Why Do British Lawyers Wear Wigs?
I'm not British, so I don't know. Maybe one you people from England could answer this
ArishMell · 70-79, M
It is partly tradition but a recent, excellent series on BBC Radio Four pointed out another, more significant reason.
The speaker, and a few guest lawyers, is a barrister specialising in criminal-law cases. She said American law dramas shown on British TV have sown common misconceptions about the British trial procedures. I think that misunderstanding might stem also from the USA using essentially the British-invented system of jury trials, presumption of innocence and burden of proof being on the prosecution - qualities absent in many nations, even around Western Europe. (France for example, has its "Napoleonic Code" and trials by tribunal; and just don't be arrested in Portugal.)
The procedure differs perhaps more in details. Among them, the British judge does not use a gavel, and the the wig and gown are a sort of uniform signifying a degree of legal equality in due process. The barristers do not march around the room in obviously expensive clothes and flashy jewellery.
The series explained in several episodes the whole process in serious criminal cases, from arrest via a plea and commmital hearing by magistrates, case preparation by the Crown Prosecution Service, Crown Court trial to and sentence.
The prosecutor is not the Police nor the victim, but the Crown via the CPS, and does not demand nor even suggest the sentence.
The sentence is set by the judge alone, and may be deferred to a later sentencing hearing to allow studying any background reports about the offender that are not themselves trial evidence but may indicate the degree of leniency or severity of sentences that are anyway ruled by guidelines to help apply the law as intended.
The speaker, and a few guest lawyers, is a barrister specialising in criminal-law cases. She said American law dramas shown on British TV have sown common misconceptions about the British trial procedures. I think that misunderstanding might stem also from the USA using essentially the British-invented system of jury trials, presumption of innocence and burden of proof being on the prosecution - qualities absent in many nations, even around Western Europe. (France for example, has its "Napoleonic Code" and trials by tribunal; and just don't be arrested in Portugal.)
The procedure differs perhaps more in details. Among them, the British judge does not use a gavel, and the the wig and gown are a sort of uniform signifying a degree of legal equality in due process. The barristers do not march around the room in obviously expensive clothes and flashy jewellery.
The series explained in several episodes the whole process in serious criminal cases, from arrest via a plea and commmital hearing by magistrates, case preparation by the Crown Prosecution Service, Crown Court trial to and sentence.
The prosecutor is not the Police nor the victim, but the Crown via the CPS, and does not demand nor even suggest the sentence.
The sentence is set by the judge alone, and may be deferred to a later sentencing hearing to allow studying any background reports about the offender that are not themselves trial evidence but may indicate the degree of leniency or severity of sentences that are anyway ruled by guidelines to help apply the law as intended.
Not all lawyers wear wigs... only barristers wear wigs.
The tradition of British lawyers (specifically barristers) wearing wigs in court dates back to the **17th century**, and while it might seem peculiar today, it originated from several factors and has persisted due to a combination of history and symbolism.
Here's a breakdown of the key reasons:
1. **Fashion of the Time (17th Century):** Wigs became highly fashionable across Europe, particularly among the upper and middle classes, starting in the mid-17th century. This trend was notably popularized by figures like King Louis XIV of France and his cousin, King Charles II of England, who used wigs to disguise hair loss (often attributed to syphilis, which was rampant at the time). As members of "polite society" and professionals, judges and lawyers adopted this fashionable attire. By around 1685, full, shoulder-length wigs became part of proper court dress.
2. **Symbolism of Formality and Authority:** Even as wigs fell out of general fashion in the late 18th and early 19th centuries, the legal profession largely retained them. They came to symbolize:
* **Formality and Solemnity:** The wigs contribute to the serious and formal atmosphere of the courtroom, emphasizing the gravity of legal proceedings.
* **Authority and Dignity:** They convey a sense of authority and dignity for those upholding the law.
* **Impartiality and Anonymity:** The wig, along with the gown, acts as a uniform that helps to depersonalize the barrister or judge. It can create a visual separation between the individual and the law they represent, fostering a sense of impartiality and ensuring that personal appearance doesn't distract from the legal arguments. It's often said that it helps barristers avoid being judged on their personal style or appearance.
3. **Tradition and History:** The legal profession in the UK places a strong emphasis on tradition and the long history of common law. Wearing wigs is a visual link to this heritage and is seen by many as a mark of respect for the court and the legal system. In criminal courts, not wearing a wig can even be seen as an insult to the court.
**Current Practice:**
While wigs are still an iconic part of British court attire, their use has been modified:
* **Criminal Cases:** Wigs remain a requirement for barristers and judges in most criminal trials in the UK.
* **Civil and Family Cases:** Since reforms in 2007, wigs are generally no longer required for barristers or judges in civil or family court proceedings. They are also not worn in the UK Supreme Court.
* **Ceremonial Occasions:** The longer, more elaborate "full-bottomed" wigs are now typically reserved for ceremonial occasions.
Barristers' wigs are traditionally made of horsehair, though synthetic versions are also available. Despite ongoing debates about their modern relevance, many in the British legal profession continue to value and uphold the tradition of wearing wigs, especially in criminal law, as a symbol of their role and the enduring history of the law.
Here's a breakdown of the key reasons:
1. **Fashion of the Time (17th Century):** Wigs became highly fashionable across Europe, particularly among the upper and middle classes, starting in the mid-17th century. This trend was notably popularized by figures like King Louis XIV of France and his cousin, King Charles II of England, who used wigs to disguise hair loss (often attributed to syphilis, which was rampant at the time). As members of "polite society" and professionals, judges and lawyers adopted this fashionable attire. By around 1685, full, shoulder-length wigs became part of proper court dress.
2. **Symbolism of Formality and Authority:** Even as wigs fell out of general fashion in the late 18th and early 19th centuries, the legal profession largely retained them. They came to symbolize:
* **Formality and Solemnity:** The wigs contribute to the serious and formal atmosphere of the courtroom, emphasizing the gravity of legal proceedings.
* **Authority and Dignity:** They convey a sense of authority and dignity for those upholding the law.
* **Impartiality and Anonymity:** The wig, along with the gown, acts as a uniform that helps to depersonalize the barrister or judge. It can create a visual separation between the individual and the law they represent, fostering a sense of impartiality and ensuring that personal appearance doesn't distract from the legal arguments. It's often said that it helps barristers avoid being judged on their personal style or appearance.
3. **Tradition and History:** The legal profession in the UK places a strong emphasis on tradition and the long history of common law. Wearing wigs is a visual link to this heritage and is seen by many as a mark of respect for the court and the legal system. In criminal courts, not wearing a wig can even be seen as an insult to the court.
**Current Practice:**
While wigs are still an iconic part of British court attire, their use has been modified:
* **Criminal Cases:** Wigs remain a requirement for barristers and judges in most criminal trials in the UK.
* **Civil and Family Cases:** Since reforms in 2007, wigs are generally no longer required for barristers or judges in civil or family court proceedings. They are also not worn in the UK Supreme Court.
* **Ceremonial Occasions:** The longer, more elaborate "full-bottomed" wigs are now typically reserved for ceremonial occasions.
Barristers' wigs are traditionally made of horsehair, though synthetic versions are also available. Despite ongoing debates about their modern relevance, many in the British legal profession continue to value and uphold the tradition of wearing wigs, especially in criminal law, as a symbol of their role and the enduring history of the law.
ninalanyon · 61-69, T
Convivial · 26-30, F
Actually the answer is this ... It was to even the playing field regarding the jury... It was thought an older, bald lawyer would be perceived as having more experience and thus believed more by the jury than some younger lawyer with all his follicles still intact.... Thank you 🤣
HijabaDabbaDoo · F
It's only barristers and judges that wear them and that also depends on the court.
The reason being? Tradition.
The reason being? Tradition.
SunshineGirl · 36-40, F
For the same reason that some professions require suits . . its an expensive uniform that confers some sort of corporate identity among the profession.
Wigs gained popularity in the 18th century as a way of disguising premature balding . . which was often attributed to syphilis.
Wigs gained popularity in the 18th century as a way of disguising premature balding . . which was often attributed to syphilis.
Achelois · F
Bad hair day 😁
emmasfriend · 46-50, F
The front two rows are wearing judges' wigs, behind them they are wearing barristers' wigs.
But normally they would only wear them in court. This appears to be a conference.
Most British judges are old white men or older white women.
I am guessing that this conference is in another country.
But normally they would only wear them in court. This appears to be a conference.
Most British judges are old white men or older white women.
I am guessing that this conference is in another country.
ElwoodBlues · M
@emmasfriend I would welcome a judge's wig when I'm shoveling snow in the winter!!
ninalanyon · 61-69, T
For the same reason that lawyers in other countries wear suits and ties, tradition.
TheOneyouwerewarnedabout · 46-50, MVIP
narcissists want ppl to know theyre better...
out dated traditions.
i dont know why men still wear ties.. we have shirt buttons now to keep the shirt shut...
out dated traditions.
i dont know why men still wear ties.. we have shirt buttons now to keep the shirt shut...
Achelois · F
HumanEarth · F
Roundandroundwego · 61-69
The upper class at a certain time did that, it's like when Americans wear business suits to express their imperialism.
WillaKissing · 56-60, M
The Brits are more open about looking like cross-dressing sheep than us American's.
Crazywaterspring · 61-69, M
Cops always lie and courts always believe them.
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