Courts -- United States; Trial practice -- United States
What that terror of a court of law comes from is difficult to analyze.
There is the impressive majesty of the law; always about a court is
the inspiring sense of something more than human. Even an empty
court-room is not as other rooms. Like an empty theater there remains
an atmosphere of glamour, of mystery, and yet equally true there
remains a substantial, strong odor of crowds.
It is said that every theater retains its own peculiar smell. The
scientific investigation of the psychology of odors is too subtle to
be understandable. The question of analyzing the exudations of a
nervous crowd seems interesting, but the remembrance of an anxious
humanity is always present. In former times the attendant placed a
small bunch of herbs and aromatic flowers on the judge's desk, and
glasses of the dried bouquets remained in a row for long periods.
Hygienically considered the courts are unsanitary. If the windows are
opened the cold air is apt to draw directly on the heads of the jury
and the stenographer. In summer the noise of city streets, the cars,
the elevated, the cries of children, the hand-organs, the flies, are
not at all conformable to the supposed dignity of the court. It is
well-known that the crowded and unhealthy conditions of the courts are
conducive to disease as well as discomfort to the inhabitants.
The connotations of the name court are generally impressive. There is
the suggestion of jail, of punishment, of something final, of absolute
judgment. Also it suggests the courtyard of a tenement house, an
alleyway or something shut in and confined. The philology is from the
old French cort or curt. It is curious that it means something narrow.
There are the suggestions of the lists, of heralds, of trumpets, of
banners and knights in armor, of prancing steeds, of fair ladies
watching, of joust, tournaments, and trials by battle. There is
something royal about the word. We think of pomp and magnificence and
purple robes, of kings on their thrones, with courtiers standing
about. The conception of Diety to the simple man who visualizes,
immediately takes on the form of a court. We speak of the Courts of
Heaven. The pictures of Godhead represent him as sitting in the center
on his raised throne with the surrounding tiers of attendant angels.
The modern court-room is only an adapted continuation of a medieval
idea. On the raised dais under an unsanitary and dusty canopy of green
plush sits the judge; instead of a sceptre he holds the gavel. This
gavel, by the way, is falling more and more into disuse. As a symbol
of authority, a little wooden hammer has become a trifle ludicrous. If
a judge were to shake it too violently there might be a fear on the
part of those watching that he was about to throw it at the spectators
or at one of the arguing lawyers.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account