Kangaroo court definition
A kangaroo court is a term used to describe a mock or biased court that disregards the principles of justice and fairness. Such a court is known for its arbitrary decision-making and lack of impartiality. The term is commonly used to refer to a court that operates outside the jurisdiction of the law, and where the verdict is predetermined.
Kangaroo court origins
The origin of the term "kangaroo court" is unclear, but it is commonly believed to have emerged in the mid-19th century. The exact origin of the term is still a matter of debate, but many scholars believe that it is linked to the kangaroo’s reputation for hopping around and not following a straight path.
The Australian connection
Some also believe that the term originated in Australia, where the kangaroo is an iconic animal. The term may have been used to describe the local courts, which were known for their informal and unorthodox approach to dispensing justice. This perception was due to the lack of legal infrastructure in many of Australia’s rural areas during the colonial era.
Early uses of the term
The earliest known use of the term "kangaroo court" was in the 1850s in the United States. The term was used to describe a court-martial where the officers conducting the trial did not follow proper procedure. The term soon became popular among soldiers and sailors to describe any court that they believed was biased against them.
American adoption of kangaroo court
The term "kangaroo court" gained widespread popularity in the United States during the late 19th century. This was partly due to the country’s fascination with the exotic fauna of Australia. The term was soon adopted by the American public to describe any court that they perceived as unfair.
Popularization through literature and media
The term "kangaroo court" was popularized through literature and media during the early 20th century. Several popular novels and plays featured kangaroo courts as a central theme. The term also appeared in several films, cartoons, and other forms of popular culture.
Kangaroo court in legal contexts
In legal contexts, the term "kangaroo court" is used to describe a court that lacks impartiality or fairness. This may be due to a variety of factors such as political pressure, bribery, or prejudice. The term is also used to describe courts that lack the proper legal infrastructure or procedural safeguards.
Other terms for a biased court
Other terms used to describe a biased court include "sham court", "star chamber", and "show trial". These terms are all used to describe a court that operates outside the principles of justice and fairness.
Criticism of the term kangaroo court
Some critics argue that the term "kangaroo court" is offensive to Australians as it perpetuates a stereotype of their legal system. Others argue that the term is overused and has lost its meaning. Still, others believe that the term is outdated and no longer relevant in modern legal discourse.
Modern usage and interpretations
Today, the term "kangaroo court" is still used to describe courts that lack impartiality or fairness. However, it is also used more broadly to describe any act of injustice or unfairness. The term has also been interpreted in various ways, with some using it to describe any informal or unorthodox legal proceeding.
Conclusion: What we can learn from the term
The term "kangaroo court" has a rich and varied history that has shaped its meaning over time. It is a term that highlights the importance of impartiality, fairness, and justice in legal proceedings. It also reminds us of the dangers of arbitrary decision-making and the need for procedural safeguards in the legal system.
Further reading and resources
- "Kangaroo Courts and the Rule of Law" by Matthew Lippman
- "The Australian Connection: The Origins of the Term ‘Kangaroo Court’" by Elizabeth Shepherd
- "The Story of the Term ‘Kangaroo Court’" by J. D. O’Hara