Osgoode Hall Law Journal Article 1 Volume 25, Number 3 (Fall 1987) Contempt by Scandalizing the Court: A Political History on the First Hundred Years Douglas Hay Osgoode Hall Law School of York University,
[email protected] Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Hay, Douglas. "Contempt by Scandalizing the Court: A Political History on the First Hundred Years." Osgoode Hall Law Journal 25.3 (1987) : 431-484. http://digitalcommons.osgoode.yorku.ca/ohlj/vol25/iss3/1 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. CONTEMPT BY SCANDALIZING THE COURT: A POLITICAL HISTORY OF THE FIRST HUNDRED YEARS* By DOUGLAS HAY** If an alarming Practice has been once brought to light, and inquired into, and not condemned, although clearly unwarrantable; it will look to posterity as if, upon examination, it were found to be legal, or, at most, but dubious. "Candor" (1764)1 With palsy'd hand, shall justice hold the scale, And o'er a judge, court complaisance prevail; Satire's strong dose the malady requires, I write - when lo! the bench indignant fires; Each hoary head erects its load of hair, Their furs all bristle, and their eye-balls glare, In rage they roar, "With rev'rend ermine sport! "Seize, seize him, tipstaff! - 'Tis contempt of court." Paul Whitehead2 Copyright, Douglas Hay, 1987. Associate Professor, Law and History, Osgoode Hall Law School and York University.