Trial by Combat – Why the Courts Do Not and Cannot Work

In the Middle Ages disputes were often decided through Trial By combat – Man to Man Physical Combat Ordeals that supposedly allowed God to reveal his judgment by granting victory to the righteous.
Think this is just the stuff of primitive medieval superstition? Think Again.

Our courts are based on the adversarial system with both sides assaulting each other with the outcome supposedly resulting in justice. In truth, the ONLY thing that has changed since the Middle Ages is today’s assaults use words and documents instead of swords; but the principle and, I daresay, superstition remains the same.

Now, for those tempted to say using words instead of swords represents an improvement; let me point out that at least in the Middle Ages there was some semblance of fairness. At that time both parties had to be similarly armored and armed so at least they started out even in terms of resources.
That basic tenet of fairness is woefully lacking in today’s so-called civilized court based combat. But, since document and argument based forums make it difficult to see the contemporary unfairness, let’s move our analysis to the Middle Ages where we can more easily see the problem.

Imagine if one Middle Age warrior was only able to bring a sword and fight alone while the other side could hire dozens to hundreds of mercenaries each armed with machine guns, grenades, tanks, etc. would anyone in their right mind still opine the popular superstition that “justice has been found by the courts?”

Give me a break.

Criminal convictions and lawsuit losses have far less to do with “justice”; than lack of resources – THAT is why so many poor and minorities are in jail or on the wrong end of legally induced debts. Now, I KNOW that many are ready to leap out of their chair screaming accusations; but before you embarrass yourselves by vocalizing in favor of a logically flawed position, stop and think through what I have said.

I am sure that if you are intellectually honest, you will recognize the fundamental truth to what I am saying. If you are NOT intellectually honest, frankly the superstitious opinions of those who would rather believe in institutionally installed myths [government education and propaganda] instead of using their reason and logic is of little interest to me.