Summary
Summary Public Services - Understanding the legal system - P1
- Institution
- PEARSON (PEARSON)
Directly from my public services course which I achieved maximum marks in, this covers P1 of the understanding the legal system module
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History of the magistrate’s courtMagistrates' courts go back to the Anglo-Saxon moot court and the manorial court, but their
official birth came in 1285, during the reign of Edward I, when ‘good and lawful men’ were
commissioned to keep the King’s peace. From that point, and continuing today, Justices of
the Peace have undertaken the majority of the judicial work carried out in England and
Wales (today, about 95 per cent of criminal cases are dealt with by magistrates). i
Several changes were experienced between its creations and today mainly occurring with
general overhauls of the judicial system. These were usually created in response to a change
of policy, social change or political instability. This occurred at several points in history like
the war of the roses, the rule of henry the 8th, the Napoleonic wars and industrial revolution
to deal with an explosion at the end of the 19th century. More modern changes are the
inclusion of a system of limitations and tariffs as well as a clarified system of appeals.
Why those wigs?
Wearing ceremonial clothing dates back to early medieval England were specific clothes
would be worn to identify individuals of statue or importance usually this would be
associated with their role, e.g. judges priests etc...
By the early 17th century there was a clear dress code for judges and they would wear
different clothes at various times of the year. “The correctly-dressed judge would have worn
a black robe faced with miniver (a light-coloured fur) in winter, and violet or scarlet robes,
faced with shot-pink taffeta, in summer. A black girdle, or cincture, was worn with all
robes.”ii These changes continued to the present day and changed with fashions, ruler’s
tastes and with the system as a whole.
The tradition of wearing a wig comes from the Tudor period, this also was associated with
black dress to represent morning for the monarchs at the time who were often killed or died
quickly. Wigs then became popular and were a symbol of statue. They were also very good
at hiding lice and disguising the fact the owner had them. Wigs by the early 19 th century lost
their popularity, however judges, lawyers etc continued to wear them. The story is allegedly
a single judge refused to remove his wig and the local papers got all over the story. From
that they chose to wear wigs to differentiate themselves from others. The wig then took on
another meaning becoming a symbol of an individual’s experience and ability to set aside
emotion to pass a fair judgement upon those accused. While small movements were made
to try and remove the wigs it failed and they remain. Alternatively a turban maybe worn on
religious grounds.
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