View Full Version : A historical question
Ilya
22-September-2005, 09:55 PM
Many societies through history -- probably most of them, -- had allowed some form of duel to the death, usually with rules to ensure fairness. My question is -- was there ever a society which allowed the duel winner to take possessions of the loser?
I am not talking about a tribal chieftain, answerable to no one, storming the stronghold of another and taking over. That was common enough before civilization. I am talking about a society with centralized authority, formal legal code, and property rights -- but which happened to rule that if a man were slain in a fair duel, then his lands, cattle, slaves, concubines, whatnot became legal property of the victor. Did such ever exist?
Gillianren
22-September-2005, 10:02 PM
hmmm. my brain is insisting there was one, but I cannot for the life of me say what society it would have been--or even if there was one and my brain's playing tricks on me.
I would say they're rare, if they exist at all. and if they do, might it be a form of trial by combat, wherein the loser (assuming it's the accused) would be then proven guilty of whatever and forfeit belongings? I know the property of convicted witches in Salem was forfeit, and that this is one of the theoretical causes of that particular event. however, if it exists, it exists in a period that I'm not well-versed in (which, given that I'm really only well-versed in the Elizabethan era and the American Civil War, isn't all that surprising).
captain swoop
23-September-2005, 10:10 AM
There were plenty of old laws in England that resulted in property being forfeit to the Crown, how do you think Kings got so Rich?
And some where property was forfeit to an injured party, can't think of any where the winner of a Duel would get it though
Frog march
23-September-2005, 10:15 AM
it would be kind of a self-destructive society. it wouldnt last long.
Lianachan
23-September-2005, 12:52 PM
Many societies through history -- probably most of them, -- had allowed some form of duel to the death, usually with rules to ensure fairness. My question is -- was there ever a society which allowed the duel winner to take possessions of the loser?
I am not talking about a tribal chieftain, answerable to no one, storming the stronghold of another and taking over. That was common enough before civilization. I am talking about a society with centralized authority, formal legal code, and property rights -- but which happened to rule that if a man were slain in a fair duel, then his lands, cattle, slaves, concubines, whatnot became legal property of the victor. Did such ever exist?
Duelling has never been legal in the British Isles - although it did happen from time to time, such duels were illegal. Far from getting the other guy's stuff, the winner ran the risk of being charged with his murder.
hhEb09'1
23-September-2005, 07:58 PM
Many societies through history -- probably most of them, -- had allowed some form of duel to the death, usually with rules to ensure fairness.I'm with Lianachan. Which societies allowed duels to the death between citizens? Were there that many?
vBulletin® v3.8.3, Copyright ©2000-2009, Jelsoft Enterprises Ltd.
LinkBacks Enabled by
vBSEO 3.0.0