Game of Thrones and the Case for Trial by Combat

 

"Trial by combat is actually a real thing, as are many of the practices in the Thrones universe. As Business Insider pointed out back when Tyrion first used that legal loophole, some people actually think that those accused of crimes in the U.S. — like, today, not back in colonial times — have the right to demand such a decision-making process. The idea is that when the original colonies were founded they used British common law, but England didn’t repeal the right to trial by combat until 1819; in theory, because trial by combat was O.K. in the U.K. in 1776, the U.S. picked up that tradition, and the framers of the Constitution didn’t make an effort to lay out anything to the contrary. In practice, however, it’s never been attempted and would be unlikely to get any court’s approval. (A guy in the U.K. tried, hilariously, about a decade ago. It didn’t work.) "

read the article by Lily Rothman>


Game of Thrones and the Case for Trial by Combat | TIME.com: