One of the symbols of the judiciary is a small ceremonial hammer with a figured handle made of wood. They are hit on a special stand when they make a decision or call for order. But how did this object appear in the courtroom and why is it needed there?
In general, the tradition of knocking with a hammer came from the United States. However, initially it was connected not with the judicial, but with the legislative branch of government. It is believed that the first who used The gavel bringing senators to order / The New York Times the hammer for calling for silence was US Vice President John Adams. It happened at the first meeting of the Senate in New York in 1789. And only later this custom migrated to the courts.
But why do US senators have a love for hammers? It's hard to say, but Stephen O'Neill, a historian and curator of the Social Law Library in Boston, suggests How did the gavel end up in American courtrooms? / The Straight Dope that it is related to freemasonry.
Here fans of conspiracy theories will say together: "We knew it!" and put on their foil hats.
Such prominent US figures as George Washington, Ben Franklin and many other founders of the country were really S. A. Bedini. The Mace and the Gavel: Symbols of Government in America members of the Masonic brotherhood, which appeared in Europe in the 1700s. Then it was fashionable, you know — like now all sorts of interest groups, where you can meet respected people, look at others and show yourself.
The Masons claimed that their brotherhood came from the guilds of medieval masons. Therefore, they had a weakness for various construction tools. For example, some lodges used How did the gavel end up in American courtrooms? / The Straight Dope as its sign, the hammer‑trowel is a wooden trowel that was used to install stones in the masonry. A blow to them opened and ended the sessions of the lodge. It was about this shape.
So, are all judges in the USA hidden Masons? This is unlikely, because most of them are banal with a hammer ... do not use S. A. Bedini. The Mace and the Gavel: Symbols of Government in America . They have no laws prescribing to knock with this instrument and shout: "Silence in the hall!"
For example, Judge John Bailey Jr. of the Supreme Court of the District of Columbia once told The Judge’s Gavel, Quietly Demoted to Movie Prop / The Washington Post that there are three hammers lying around in his office, donated by friends. And at home there is another one — on the mantel shelf. But he just doesn't need them at work.
And his colleague Jeffrey Alprin confessed The Judge’s Gavel, Quietly Demoted to Movie Prop / The Washington Post that in 21 years of judicial practice, he has not resorted to the help of a hammer once. In those cases when the lawyers at the meeting completely forgot about decency, he called them to order with his voice and occasionally slapped his palm on the table.
Where did the myth come from that judges swing a hammer all the time? From court programs and crime series that are constantly being played on TV. There this tool helps to create S. A. Bedini. The Mace and the Gavel: Symbols of Government in America the atmosphere of "plausibility and realism". But he is not needed in real courts. So it's just a movie prop.
In Russia, the symbols of judicial power are Article 21. Symbols of judicial power / ConsultantPlus the mantle, coat of arms and flag of the country, but not the hammer. However, many judges, having watched enough of the mentioned programs and series, on their own initiative buy hammers — just for solidity.
