Taking a Legal Oath: Historical Context and Cultural Significance

This research project examines the history and practice of symbolism in courtroom procedure. For instance, the phrase “place your left hand on the Bible, and raise your right hand to take the oath” may be familiar, but its roots are largely forgotten. This project examines those roots in religious and cultural history and then connects them to the psychological and economic effects of administering a modern justice system. To do so, my work was divided into researching three elements: media, courtroom procedure, and historical symbolism. First, to understand the basis of the impact of tradition, I viewed how oaths were portrayed in media. This led me to watch and code 50+ movies/TV shows where a variation of an oath was taken. Secondly, researching courtroom procedures included collecting state juror handbooks and trial transcripts from the 17th and 21st centuries. Finally, I studied the symbolism of right and left-hand gestures by analyzing Greek/Roman literature, Catholic court procedures, and the global culture of handedness in religious texts. We conclude that legal tradition plays a powerful but underappreciated role in the court system and should resist efforts to “modernize” by removing symbolic elements from court procedure.

Publication Details

Journal
Scholar Works (Boise State University)
Published
2025-04-15
Primary Topic
Particle accelerators and beam dynamics
Type
article
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article

Taking a Legal Oath: Historical Context and Cultural Significance

Scholar Works (Boise State University)
Particle accelerators and beam dynamics
article

Taking a Legal Oath: Historical Context and Cultural Significance

article en

Abstract

This research project examines the history and practice of symbolism in courtroom procedure. For instance, the phrase “place your left hand on the Bible, and raise your right hand to take the oath” may be familiar, but its roots are largely forgotten. This project examines those roots in religious and cultural history and then connects them to the psychological and economic effects of administering a modern justice system. To do so, my work was divided into researching three elements: media, courtroom procedure, and historical symbolism. First, to understand the basis of the impact of tradition, I viewed how oaths were portrayed in media. This led me to watch and code 50+ movies/TV shows where a variation of an oath was taken. Secondly, researching courtroom procedures included collecting state juror handbooks and trial transcripts from the 17th and 21st centuries. Finally, I studied the symbolism of right and left-hand gestures by analyzing Greek/Roman literature, Catholic court procedures, and the global culture of handedness in religious texts. We conclude that legal tradition plays a powerful but underappreciated role in the court system and should resist efforts to “modernize” by removing symbolic elements from court procedure.

Scholar Works (Boise State University)
Peace, Justice and strong institutions
Openalex Percentile: Top 35%
Particle accelerators and beam dynamics
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