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Elicia Maxwell

Why do barristers wear wigs and gowns?



Barrister Zoe Chapman "if you don't meet the physical stereotypes of a barrister - male, white, perhaps older - it is helpful to wear the uniform because it stops any awkward conversations".


WIGS

HISTORY: The use of wearing wigs in court had begun in the 17th century under Louis XIV of France. The king had disguised his scalp using his wig, which had became a 'trend' amongst those with upper and middle class status. The adoption of wigs by barristers was motivated by the desire to distinguish themselves from solicitors and establish respect within the courtroom.

REASONINGS: There are three simplified reasonings to why barristers wear wigs. Firstly it brings formality and a 'work attire' to proceedings. Secondly, the barrister is a representative of common law and supremacy of law within conducted proceedings. Finally, wearing the wig allows a visual separation between the law and those before it.

MODERN DAY: In 2007 wigs were no longer required during family or civil court appearances or appearing before the Supreme Court of the UK. Wigs are still worn within Criminal Cases and some barristers decide to wear during civil proceedings. Wigs can convey formality and respect in the court room, a symbol of this legal profession and law.


GOWNS

HISTORY: The material for the robes were originally given to judges as a grant from the Crown. Up until the 14th century men of learning wore robes as a sign of their status. The Judges Rules of 1635 had aimed to regulate the attire worn by judges. Upon the death of Charles II the BAR entered a period of mourning, and wore black robes.

REASONINGS: It has became an official stamp of special legal responsibility distinguishing the individual as a barrister. Despite the ever changing nature of the BAR the tradition has remained pivotal. In this uniform they become the advocate, separated from others within the court room and practising the law of specialism.


STEREOTYPES

Alexandra Wilson a barrister practising in family and criminal law has became a victim of the stereotypical nature still attached to what a barrister is. She had reported formally against a security officer, solicitor and clerk who misjudged her occupation. After these three encounters she had became "exhausted" at the constant misconception of her being anything but a barrister. But Wilson had also identified that the unfair treatment against defendants should be made apparent, unacceptable behaviour and clear misjudgement. Despite it being a choice of barristers to wear a wig and crown in the Magistrates and Crown Courts it can clearly cause a divide between the profession and general public.


As barrister Chapman rightfully stated, the robe and wig can be seen as a barristers professional work attire.


Until the next Legal Thought,


Elicia Maxwell


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