The tradition of lawyers wearing wigs in court might seem unusual today, but it’s a practice with deep historical roots. Originating in 17th century England, these wigs were once a high-fashion statement. They have since evolved into a powerful symbol of legal authority and impartiality in many parts of the world. This custom connects modern legal proceedings to centuries of history, representing the enduring nature of justice.
The Historical Roots of Courtroom Wigs
The practice of wearing wigs in a legal setting began in England during the late 1600s. It wasn’t a rule made by the courts at first, but rather a trend adopted from high society.
King Charles II played a significant role in popularizing wigs after his return from exile in France. Wigs were seen as fashionable and a practical way to cover issues like hair loss or lice, which were common at the time. Soon, they became a must-have accessory for any gentleman of status.
By the early 18th century, what started as a fashion choice became an official part of the courtroom uniform for judges and lawyers. Even after wigs fell out of style in wider society, the legal profession held onto them. The wig transformed from a sign of wealth to a symbol of the law’s dignity and tradition.
This enduring custom shows how deeply tradition is valued within the legal system, preserving a link to the past.
Why Wigs Became a Symbol of Justice
The purpose behind wearing wigs in court goes far beyond just appearance. They serve a vital symbolic function that reinforces the principles of the legal system.
One of the main ideas is that the wig helps create a sense of anonymity. By covering their hair, a lawyer or judge becomes less of an individual and more of a representative of the law itself. This visual separation from their personal identity reinforces the concept that justice should be blind and impartial, free from personal bias.
The wig also acts as a uniform, much like one worn by a police officer or a soldier. Paired with a robe, it clearly distinguishes legal professionals in the courtroom, creating an atmosphere of formality, decorum, and respect for the proceedings.
Finally, wearing a wig is a powerful nod to the history of the legal profession. It shows respect for the traditions that have been passed down through generations and reinforces the authority and seriousness of the court.
Where are Legal Wigs Still Worn Today?
While the tradition has faded in many parts of the world, courtroom wigs are still a common sight in several countries, particularly those with historical ties to the British legal system.
In England and Wales, barristers and judges continue to wear wigs, but primarily in criminal cases. The practice was largely discontinued for civil and family court cases in 2007 as part of a move to modernize the courts and make them feel less intimidating to the public.
Many former British colonies also inherited the tradition. Though some, like Canada and Australia, have mostly abandoned wigs for everyday court appearances, they are sometimes still used for ceremonial occasions. However, in other nations, the practice remains firmly in place.
| Country/Region | Status of Wig Wearing | Notes |
|---|---|---|
| England and Wales | Still Worn | Primarily in criminal courts and for ceremonial events. |
| Nigeria | Still Worn | A common part of legal attire, reflecting British colonial history. |
| Australia | Largely Phased Out | Mostly reserved for formal ceremonies. |
| Canada | Largely Phased Out | Some provinces may use them for ceremonial openings of court. |
The Great Debate: To Keep or to Scrap the Wig?
In the 21st century, the tradition of wearing wigs is a topic of ongoing discussion. There are strong arguments on both sides, pitting the value of tradition against the need for modernization.
Those who support keeping the wigs believe they are a crucial part of the legal system’s identity. They argue that the practice upholds the dignity and seriousness of the court, creating an atmosphere of respect.
- Preserving Tradition: Advocates feel that wigs provide a sense of continuity with centuries of legal history.
- Reinforcing Authority: The uniform helps distinguish legal professionals and enhances their authoritative role in the courtroom.
- Promoting Impartiality: The wig’s depersonalizing effect is seen as a way to boost public confidence in a fair justice system.
On the other hand, critics view the wigs as an outdated relic. They contend that the practice can make the legal system seem alienating and out of touch, especially to younger generations. Practical concerns are also raised, as the wigs can be expensive, hot to wear in warm climates, and difficult to maintain.
What are These Wigs Actually Made of?
The classic legal wig is not made from human hair. Traditionally, these wigs are crafted from 100% horsehair. The hair is typically sourced from the mane or tail of a horse, and its light color and stiff texture make it ideal for creating the structured, curled style of a barrister’s wig.
Horsehair is valued for its durability and natural appearance, but it also comes with a hefty price tag. A high-quality, handmade horsehair wig can cost hundreds or even thousands of dollars, making it a significant investment for a lawyer starting their career.
In recent years, more affordable synthetic options have become available. While they may not have the same traditional prestige, they offer a more practical and accessible alternative for legal professionals in jurisdictions where wigs are still required.
Frequently Asked Questions About Lawyers Wearing Wigs
Do female lawyers wear wigs too?
Yes, in jurisdictions where wigs are required, female lawyers wear them just as their male colleagues do. The design of the traditional barrister’s wig is unisex and remains the same regardless of gender.
Why don’t all lawyers wear wigs?
The requirement to wear a wig depends entirely on the country and the specific court. Many legal systems, like that of the United States, never adopted the tradition. In countries that did, many have abolished the practice for most cases to modernize their courts.
How much does a barrister’s wig cost?
A traditional horsehair wig is a significant expense. The cost for a new, high-quality wig can range from a few hundred to over a thousand dollars, depending on the maker and the materials used.
Are there movements to stop wearing wigs in court?
Absolutely. There is an active and ongoing debate in many countries about whether to abolish wigs completely. Supporters argue for tradition and authority, while opponents see them as outdated, costly, and impractical in modern society.
What do wigs symbolize in the courtroom?
Courtroom wigs symbolize several key principles of the justice system. They represent tradition, authority, and professionalism. Most importantly, they are a symbol of impartiality, helping to depersonalize the lawyer or judge and present them as servants of the law.
