Dráma a tárgyalóteremben. Az igazságszolgáltatás teatralitásáról
Drama in the Courtroom: On the Theatricality of Justice

Summary/Abstract: Approaching the topic either from a social theory, or a cultural philosophy point of view, one may argue that judicial (especially courtroom) processes present – akin to theatrical performances -identifiable symbolical consequences too, beyond the concrete outcome of the judicial act. Therefore, it is feasible to talk about the theatrical features of judicial proceedings, which are able to stress the above-mentioned symbolical features. The paper focuses on some of the most theatrical features of judicial proceedings, such as formalities, certain elements of the courtroom trials and execution of punishments. The paper concludes that the formalities of courtroom trials are “staging” the act of justice. The roles played by lawyers, judges and prosecutors are strengthening the gravity of the procedure but in the same time suggest a form of popular “representation”. While it is important that spectators do not see behind the “stage”, it is equally important that such a “backstage” exists. The right to representation (and to a process conducted) by well-trained, impartial specialists is a key element of the principle of equality before the law, which on its turn is essential for the existence of democracy.

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