From Wikipedia:

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. In essence, it was a judicially sanctioned duel. It remained in use throughout the European Middle Ages, gradually disappearing in the course of the 16th century.

Unlike trial by ordeal in general, which is known to many cultures worldwide, trial by combat is known primarily from the customs of the Germanic peoples. It was in use among the ancient Burgundians, Ripuarian Franks, Alamans, Lombards, and Swedes. It was unknown in Anglo-Saxon law, Roman law and Irish Brehon Law and it does not figure in the traditions of Middle Eastern antiquity such as the code of Hammurabi or the Torah.

Trial by combat has profound echoes in 21st-century geopolitics and jurisprudence. Familiar phrases such as right of conquest, manifest destiny, to the winner go the spoils, might makes right, and history written by the victors attest to the enduring legacy of hindsight justification by force of arms. More broadly, within the American system, right of access to courts afforded to all citizens also admits nuisance suits and more than a few mismatched battles where deep-pocketed corporations sue individuals and small organizations, often nonprofits, into bankruptcy and submission. For instance, I recently learned of Strategic Lawsuits Against Public Participation (SLAPPs) “used to silence and harass critics by forcing them to spend money to defend these baseless suits.” They employ brute economic power in place of force of arms.

Trial by combat fell out of practice with the onset of the Enlightenment but the broader complex of ideas survived. Interest in medieval Europe as storytelling fodder in cinema and fantasy literature (notably, the shocking trial by combat depicted in the extremely popular HBO drama Game of Thrones where the accused and accuser both designate their proxies rather than doing battle themselves) lends legitimacy to settling disputes via violence. Even the original Karate Kid (1984) has a new YouTube Red series set 30 years later. The bad-boy acolyte replaces his scorched-earth sensei and seeks revenge from the titular character for being bested decades before, the latter of whom is yanked back from quiet obscurity (and the actor who portrays him from career limbo) to fight again and reprove his skills, which is to say, his righteousness. The set-up is surprisingly delicious to contemplate and has considerable nostalgic appeal. More importantly, it embodies the notion (no doubt scripted according to cliché) that only the pure of heart (or their proxies, students in this case) can claim ultimate victory because, well, it’s god’s will or some such and thus good guys must win. What that really means is that whoever wins is by definition virtuous. If only reality were so reliably simple.

The certainty of various religious and codes of conduct characteristic of the medieval period (e.g., chivalry) is especially seductive in modern times, considering how the public is beset by an extraordinary degree of existential and epistemological uncertainty. The naturalist fallacy is also invoked, where the law of the jungle (only the fittest and/or strongest get to eat or indeed survive) substitutes for more civilized (i.e., enlightened and equanimous) thinking. Further, despite protestations, this complex of ideas legitimizes bullying, whether (1) in the schoolyard with the principal bully flanked by underlings picking on vulnerable weaklings who haven’t formed alliances for self-protection, (2) the workplace, with its power players and Machiavellian manipulators, or (3) a global military power such as the U.S. dictating terms to and/or warring with smaller, weaker nations that lack the GDP, population, and insanity will to project power globally. I daresay most Americans take comfort in having the greatest military and arsenal ever mustered and accordingly being on the right side (the victorious one) of history, thus a beacon of hope to all who would conflate victory with virtue. Those who suffer at our hands must understand things quite differently. (Isn’t it more accurate that when bad guys win rebellions and insurgencies are sparked?)

One remarkable exception deserves notice. The U.S. presidency is among the most heavily scrutinized and contentious positions (always under attack) and happens to be the Commander-in-Chief of the self-same greatest goddamn fighting force known to man. It’s no secret that the occupant of that office (45) is also widely recognized as the Bully-in-Chief. Despite having at his disposal considerable resources — military, executive staff, and otherwise — 45 has eschewed forming the political coalitions one might expect and essentially gone it alone, using the office (and his Twitter account) as a one-man bully pulpit. Hard to say what he’s trying to accomplish, really. Detractors have banded together (incompetently) to oppose him, but 45 has demonstrated unexpected tenacity, handily dominating rhetorical trials by combat through sheer bluster and hubris. On balance, he scores some pretty good hits, too. (The proposed fist fight between 45 and Joe Biden turned out to be a tease, but how entertaining would that bout have been without actually settling anything!) This pattern has left many quite dumbfounded, and I admit to being astounded as well except to observe that rank stupidity beats everything in this bizarre political rock-paper-scissors contest. How quintessentially American: nuthin’ beats stoopid.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s