Is Trial by Combat Still Legal in the United States?

The blogger New Jovian Thunderbolt offers this novel legal argument:

American law originates from British Common Law. Specifically Common Law before we split from them. 1776 and all that. It's where the 2nd Amendment comes from and a right to defend yourself. But after 1776, our jurisprudence system was evolving along its own path.

Britain didn't overturn trial by combat until after we declared independence. No American court has really addressed it. Ergo, trial by combat may still be legitimate under U.S. Law.

If so, court TV could become a lot more interesting.

Link | Photo by Flickr user Patch Heart Photography used under Creative Commons license

Previously: Kentucky State Officials Must Swear an Oath Against Dueling

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Common law is merely a term meaning that the whole of the law applies. That is to say that in considering any case the whole of the law including legislation and case law must be considered where it applies. This differs from a system of administrative certainty.

As such in saying "English common law" you are really saying "English law" as the English legal system is one of common law.

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I know a lawyer who was interviewing for assistant DA of our county. He knew how many, many others were applying and how hard it was going to be remembered out of that sea of faces. As it so happens he was a fighter in the Society for Creative Anachronism, so he decided to add at the end of the interview ..."and I'm the only applicant with experience in trial by combat."

He got the job.

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