Why We Wear Wigs in Court: A Tradition of the English Legal System

In the English legal system, the practice of wearing wigs in court is one of its most distinctive and enduring traditions. The sight of barristers and judges in full ceremonial dress, complete with horsehair wigs, may seem anachronistic to some, but this custom is deeply rooted in the history, formality, and symbolism of the legal profession.

Historical Origins

The wearing of wigs, or perukes, dates back to the late 17th century. The fashion for wigs was introduced during the reign of King Charles II, following his exile in France, where wigs were a symbol of aristocracy and status. By the 1680s, wigs had become a standard part of formal dress in English society, and naturally, they were adopted by the legal profession.

However, while wigs eventually fell out of general fashion in the 18th century, the legal profession retained them. Their continued use became not just a matter of dress but a symbol of the legal system’s dignity, impartiality, and continuity.

Symbolism and Function

The court wig serves multiple symbolic and practical purposes:

• Authority and Anonymity: The wig imparts a sense of authority and gravitas to court proceedings. It can also depersonalise the advocate, focusing attention on the argument rather than the individual.
• Continuity and Tradition: Wigs represent the continuity of the legal system and the importance of tradition within English law. This continuity reinforces the public’s confidence in the enduring nature of justice.
• Equality Before the Law: By standardising court dress, wigs contribute to a sense of equality among legal professionals, regardless of personal background or appearance.

Who Wears Wigs and When

In England and Wales, not all legal professionals wear wigs. They are typically worn by:

• Barristers: During hearings in the Crown Court and above.
• Judges: In criminal cases and on ceremonial occasions. Different types of wigs are worn depending on the context—shorter wigs for day-to-day proceedings and more elaborate full-bottomed wigs for ceremonial use.

Solicitors, who do not usually appear in higher courts, are not required to wear wigs unless they have rights of audience in those courts and choose to exercise them.

Modern Debate and Reforms

In recent years, the necessity of wigs has been debated. Reforms in the early 2000s led to the abolition of wigs in most civil and family court proceedings. Lord Chief Justice Lord Phillips noted in 2007 that wigs were “not necessary” in such cases. Nonetheless, wigs remain mandatory in criminal courts, where tradition and formality continue to play a significant role.

The legal profession has largely resisted complete abolition, with many barristers and judges citing the importance of tradition and the unique identity that court dress provides.

Interesting Facts

• Wigs Are Made from Horsehair: Traditional legal wigs are made from horsehair and crafted by specialist wigmakers. They can cost several hundred pounds and require regular maintenance.
• Wig Powder Is a Thing of the Past: In earlier centuries, wigs were powdered to give them a white or off-grey appearance. Today’s legal wigs are worn in their natural state.
• The Term ‘Wig and Gown’: This common term refers collectively to barristers and the traditional court attire.
• There Is a Wig for Every Occasion: Judges own multiple wigs, including shorter bench wigs for daily use and the long, curled ceremonial wigs worn on occasions such as the State Opening of Parliament.

The tradition of wearing wigs in court remains a hallmark of the English legal system. It reflects a broader commitment to upholding the dignity, impartiality, and historical continuity of the law. While their practical function may be limited in the modern age, wigs continue to play a powerful symbolic role in representing the values and authority of the legal profession.

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