Legal Wigs and Robes: Update or Stay the Same?

Antiquated, awkward and unnecessary, or mandatory and traditional?

Today I will be discussing with you whether Supreme Court attire should be updated, in particular, wigs and robes.

Since the 1600’s people have worn wigs. Not for court proceedings or anything remarkable; they wore wigs for fashion. Surprisingly, the vast majority of wig-wearers were men, as it supposedly made them look prominent. This custom carried in to many aspects of social standing in the 15th century, including the aristocracy, doctors and physicians and, of course, members of the legal fraternity. In the 15th century wearing a wig was never a formal requirement; it was more associated with wealth and your status in society.

Wigs went out of fashion in the early 19th century, and many professions ceased usage of them. However, the legal community did not follow suit and decided to keep the wigs, which has continued for the past 200 years. 

Robes, unlike wigs, were not a fashion statement. Legal robes have been worn since Roman times, around the 4th century, in order to distinguish members of the profession to members of society. This social norm changed over time, and, by the 13th century, robes were commonly worn. Around the mid 14th century, robes fell out of fashion, however, like wigs, the legal profession wanted them to stay.

Despite having been used as legal attire for the last 500 or so years, some people feel that it’s time we stopped living in the past. The purpose of the law and the courts is assist in keeping order in our society. Obviously, police and members of the public assist in achieving this objective. Do the usage of legal robes and wigs help accomplish this goal, or are they just completely unnecessary?

One of the main arguments for the abolishment of wigs and robes is that they are from part of an outdated historical tradition that might indicate outdated attitudes. As you already know, wigs and robes are from an era vastly different in judicial customs from our own. The argument is that if barristers and judges represent modern thought, and not that of the 1600’s, then they should wear modern clothing.

Another argument for the abolishment of wigs and robes is that they are hot and uncomfortable. As I’m sure you all know, Australian summers have a tendency to get hot, sometimes above 40 degrees. This climate, coupled with long robes and a large chunk of horsehair on ones head would expect to cause considerable discomfort. Despite what you may think, not all courtrooms are air-conditioned, particularly in North Queensland. There’s also some debate as to whether judicial officials can make suitable judgments when they are in 40 degree heat wearing the equivalence of a woollen jumper and scarf.