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Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right.
Unlike European states where every effort was taken to suppress the murderous practice, the United States of America lacked laws in many of the states up to the year 1850 in which the practice of the duel would be considered a criminal act.
Dueling fell out of favor among the general public, though it lasted longer in the Old South than in the rest of the country, and by 1860 was all but gone. In 1983 a Delaware court rejected an appeal for trial by combat submitted by a defendant, citing the illegality of dueling in the state. Such requests are not limited to the United States.
The judicial duel was a ceremonial affair presided over by royalty who proclaimed the victor. The earliest known law that governed the judicial duel is found in the Burgundian Code, an early East Germanic barbarian code promulgated in the late 5th and early 6th centuries.
Abraham Lincoln and Mark Twain could have perished in duels if their seconds, in each instance, had not negotiated an amicable solution. But others were not so fortunate; one historian has calculated that, between 1798 and the Civil War, the United States Navy lost two-thirds as many officers to
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Although 18 states had outlawed dueling by 1859, it was still often practiced in the South and the West. Dueling became less common in the years following the Civil War, with the collective...
Ironically, duels were meant to reduce violence by circumventing killing passions of vengeance replacing them with what was called judicial combat. The first American duel was fought in...
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