Recent comments in /f/history

nsa_reddit_monitor t1_j6oh8iz wrote

Technically trial by combat is still an option in the US court system. This is because it was legal in Britain when the US declared independence, and the British laws/precedents were mostly kept as-is. Britain outlawed it a few decades later but that didn't change the now seperated laws in the US.

Nobody's ever specifically outlawed trial by combat in the US because only a few people have ever tried to use it, and those people were told to shut up and just pay their traffic tickets.

1

makomirocket t1_j6ofq68 wrote

That's pretty much how traditions work?

You invite the family over for Christmas because it's your turn, you go for a walk to the woods because you know it's nice and want to show the family.

Next year, the people whose turn it is have to drop out for work, mum and dad are having building work done, so you offer to do it at yours again. It snows this year so you guys do the walk again because it'll be special to see the nice walk in the snow.

By year 3, if you do it again then "it wouldn't be Christmas if we didn't do the special Christmas walk at Jane and John's" until you moved

354

raymaehn t1_j6oahlr wrote

This is a legal system that assumes God exists and is interested in humanity. Werner says that Albrecht killed somebody. Albrecht says that's a lie. Both have three respected members of the community backing them up. Evidence - based rulings and In Dubio Pro Reo aren't really things yet.

So what's the logical consequence? Appeal to the ultimate authority. Give Albrecht and Werner weapons, put them in the arena and let God sort them out. He'll make sure the guy who's in the right wins. It might seem barbaric from a modern perspective but from a medieval mindset it's elegant.

22

raymaehn t1_j6o3hm9 wrote

> it’s not from trial by combat, there were no records of that being used after 1200.

It's not from trial by combat to settle a dispute between husband and wife.

Trial by combat in general was still around, but it was only invoked in cases of (for example) murder, treason, blasphemy and a few other high-profile accusations.

13