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by rmxt 4202 days ago
What about the other costs of the ritual? That is, the implicit disenfranchisement of those that cannot afford, whether literally, or as a result of differing social norms, to abide by these arbitrary practices. Given what the court system stands for, namely equality and fairness, how can one reconcile the preservationist and exclusionary nature of these standards with those ideals?

Frankly speaking, I don't think that a whole generation (or several) of people wearing t-shirts in court is going to do much to change the judiciary's ability to reign in the executive. If current practice is any indication, the executive will flout judicial decisions just as it already does with legislative ones: behind closed doors and with "creative" interpretations of said decisions.

1 comments

I've been to trials and also worked as a runner for a law firm. And I've never worn anything but business casual in a court. The judges I've seen only get upset with the audience talking, handing things to attorneys during session, or other disruptions.

Keep in mind that in court rooms, people are sometimes literally facing life or death. Or they're facing bankruptcy or instant wealth. It's a tense situation and the judge is the main one responsible to keep order.

I definitely think that those are good things: keeping order in a physical space when tensions are high and people's lives and livelihoods are at stake is no small task. But, I do believe that respect for tradition for the sake preserving this specter of a sort of "national respect" for the judiciary is misguided, possibly bordering on fetishization. I'd rather see that energy and same devotion used to make courts a truly public element of government that an average person can understand. Tangibly, I'd like to see people not dread going to jury duty and/or have a good understanding of what to expect before they go. I think that discarding some of the "courtroom mystique" would go a long way towards that.
People don't dread going to jury duty because of any sort of dress code. I wore jeans and a t-shirt to jury duty last time I was called.

They dread going to jury duty because they'd rather spend their time doing something that contributes to their own personal well being (doing a job, raising a family, having fun).

I like jury duty. It's like being an elected representative, but without a tiring campaign and several years of work. It's just a one day slice :)