Trial by Combat: Difference between revisions

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Traditionally, this is one of the [[Rule of Three|three]] basic ways of resolving a conflict or disagreement between two individuals or legal entities, the other two being Trial By Ordeal, and Trial by Arbitration, for which we have [[Crime and Punishment Tropes|plenty of]] [[Courtroom Antic|coverage]] [[The Courtroom Index|already]].
 
The idea behind [['''Trial by Combat]]''' is very simple, which is probably why it's been used by numerous cultures throughout history: someone is accused of a crime, or two parties are descending into conflict over a matter of opinion or policy. In order to resolve this issue with the minimum of bloodshed, an individual is chosen to represent each side, and they fight. Winner takes all.
 
This works, supposedly, because [[Right Makes Might]]. Whichever side is in the right ''will'' win a fight, either because [[Good Hurts Evil]], or because of some kind of divine intervention. Naturally, this idea is passé now, and so the [['''Trial by Combat]]''' has become something of a [[Dead Horse Trope]].
 
Note that there is no need for either the accused or the accuser to fight for themselves. Just as often, they will choose a champion to fight on their behalf, which is good, because otherwise bullies could handily go around accusing pipsqueaks of crimes against them and beating them up for the recompense.
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Note also that these fights don't necessarily have to end in death, though they often do, especially if the accused is suspected of a capital crime.
 
If the trial takes place between representatives of opposing armies, you have a case of [[Combat by Champion]]. And of course, if the two are fighting over an insult, it's going to be a [[Duel to the Death]], with all of the [[Throwing Down the Gauntlet]] etc. Be aware of the difference between these [[Duel to the Death]] and [['''Trial by Combat]]'''. Although they are similar and in many cases overlap, [['''Trial by Combat]]''' is always sanctioned by the pervading culture whereas a duel is sometimes illicit. Also, the way of engaging a trial is different. While a duel can be arranged entirely between the conflicting parties, a trial must be instigated at the behest of some authority figure (who will preside over the fight like a referee and may themselves serve as champion, especially if they're of a [[Proud Warrior Race]]), and there have to be witnesses to verify how things went down.
{{examples}}
 
== [[Anime]] and [[Manga]] ==
* In ''[[Gundam Wing]]'', [[The Rival|Zechs Merquise]] is court martialed by OZ for disobeying orders and rebuilding the Wing Gundam. The sentence is death, but his friend Treize manages to propose [[Trial by Combat]] as an alternate sentence. Zechs is pitted against countless [[The Federation|Alliance]] soldiers, all fighting to win OZ's favor; if Zechs wins he's allowed to go free. Since this is only about one-fifth of the way through the series, of course he wins.
 
== [[Fanfic]] ==
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* ''[[Barsoom|Chessmen of Mars]]'': Captives in the city of Manator must play a life-sized version of [[wikipedia:Jetan|Jetan]], with each taking of a piece being a duel to the death. Captives, criminals and slaves can win their freedom by winning enough games.
* The Whitecloaks in [[The Wheel of Time]] use this as a way of settling disputes when there is no evidence, though it has fallen out of practice by the time of the books. However, the lawful-minded Galad uses the tradition to challenge the Commander for the suspected murder of his mother, killing him and winning [[You Kill It, You Bought It|command of the order]] as a side-bonus.
* [[Honor Harrington]] engages in 3 duels in the eponymous series. The first two were [[Curb Stomp Battle|Curb Stomp Battles]]s, in which she only got wounded because her [[Dirty Coward]] of an opponent cheated. The third was specifically this trope, against the traitorous Steadholder Burdette. ''He'' didn't even get a chance to make a move before she took his head off.
* Used in one [[Brother Cadfael]] story to get rid of a murderer (and rival in love) against whom there was no real evidence.
* Such a system is in place in the [[King Arthur]] legendarium. Every knight knows that Guinevere is cheating on Arthur with Lancelot, but an accusation without any proof can only be made by challenging the queen's champion- Lancelot himself. Since he's an invincible knight, no one dares asperse her loyalty out loud.
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== [[Tabletop Games]] ==
* The Clans of ''[[BattleTech]]'' base their entire culture around this. The higherups made an edict your clan doesn't like? Then the result will most likely be a Trial of Refusal. There are Trials for all kinds of stuff, from the mundane Trial of Bloodright<ref>[[Meaningful Rename|earning the right of using your ancestors' surname]], considered a great honor</ref> through the politically-motivated Trial of Absorption<ref>the loser's clan gets assimilated into the winner's; only happened thrice so far</ref> to the more radical Trial of Annihilation.<ref>the winner's clan gets the honor of completely wiping out another clan while the losers all turn the other way; only happened twice but both recipients ([[Jerkass|Clan Wolverine]] and Clan Smoke Jaguar) kinda deserved it</ref>.
* Trial by combat is still practiced in certain rural areas of the empire in ''[[Warhammer Fantasy]]''. ''[[Warhammer Fantasy Roleplay]]'' even has a class, the Judicial Champion, who represents the local courts.
 
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== [[Real Life]] ==
* This was used during the Medieval Era as a way to determine "God's Judgement", because (the thinking went) the winner would obviously have been chosen by God to win. Generally, it was easier than the one where you got thrown in the river to see if God wants you to survive.
* In ''The Last Duel'' by Eric Jager, the author describes the last legally sanctioned ([[Duel to the Death|Duels to the Death]] of course continued to the eighteenth century and beyond, but they were more an aristocratic version of a [[Bar Brawl]] done with lethal weapons, then a legal practice) judicial duel in France during the hundred years war. A French noblewoman who was pregnant out of wedlock claimed that it was rape by her husband's [[Feuding Families|enemy]] and her husband, believing her, stood in the lists as plaintiff. The accused stood as defendant. In something of a [[Zig Zag]] no one really believed it was an ideal means, the Church condemned it as [[Tempting Fate]] and there hadn't been a [[Trial by Combat]] in ages. It was only permitted by the French king because the law was still technically on the books because no one had bothered to take it off. And because there was no way to solve a rape case there being no DNA testing at the time. In other words it was permitted not because it was actually believed that God would automatically intervene for the right party but because no one could think of anything better to do and it ''was'' technically legal. In any case, as the title of the book [[Exactly What It Says on the Tin|indicates]] it was the last [[Trial by Combat]] in France.
* Notch, creator of ''[[Minecraft]]'', [http://notch.tumblr.com/post/9038258448/hey-bethesda-lets-settle-this challenged Bethesda] to a 3 vs 3 game of ''[[Quake III Arena]]'' to settle a legal dispute. Sadly, Bethesda chose to ignore this challenge.
 
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