Dueling Acceptable

But what does this mean for the justice system? We're talking about an appeal to something other than government-backed justice. That's such a major departure. It would definitely undermine legal authorities. Probably most noticeably in cases of sexual assault. A lot of angry brothers and fathers are going to mean these situations are rarely prosecuted in the criminal courts.

Or the courts adapt and consider honor as integral to the law. More eye-for-an-eye punishments, perhaps? Forced marriages to couples who conceive out of wedlock? And probable chattel-hood for women.
I think that is a bit doom and gloom. If dueling persists or is reconstituted I would expect it to be used largely to settle personal or civil matters. Also just because a matter is settled on a personal basis doesn't mean the government suddenly decides to stop prosecuting a criminal unless of course he is dead. You don't have to accept a challenge by the way. You can tell them to piss off and the only loss will be in your position in the eyes of polite society.
Ok after spending a hour trying to come up with a passable explanation for honor and the legal system let me sum it up thus. If they think honor should be part of the legal system it will be. If not it wont. This will happen largely regardless of the existence or non-existence of dueling but on wither honor is a personal or communal commodity and responsibility.
 
I think that is a bit doom and gloom. If dueling persists or is reconstituted I would expect it to be used largely to settle personal or civil matters. Also just because a matter is settled on a personal basis doesn't mean the government suddenly decides to stop prosecuting a criminal unless of course he is dead. You don't have to accept a challenge by the way. You can tell them to piss off and the only loss will be in your position in the eyes of polite society.
Ok after spending a hour trying to come up with a passable explanation for honor and the legal system let me sum it up thus. If they think honor should be part of the legal system it will be. If not it wont. This will happen largely regardless of the existence or non-existence of dueling but on wither honor is a personal or communal commodity and responsibility.

I picked rape and out-of-wedlock childbirth because they are matters personal and civil that touch on honor but by which the parties concerned are poorly served if honor takes primacy. In many cases (possibly most) the fulfillment of honor will be enacted before the state can catch up, and punishment potentially rendered moot.

I guess this gets right to the heart of the problem of a POD. IOTL, equal justice under the law trumped personal considerations of honor and that's why it went out of favor. We would need to find a POD where the US was built on something other than Locke and fundamental human rights in order for this to work, at least in the New World.

Wasn't the Napoleonic Code fairly arcane in these matters? Might that be the latest POD, a Napoleonic victory?
 
I think that is a bit doom and gloom. If dueling persists or is reconstituted I would expect it to be used largely to settle personal or civil matters. Also just because a matter is settled on a personal basis doesn't mean the government suddenly decides to stop prosecuting a criminal unless of course he is dead. You don't have to accept a challenge by the way. You can tell them to piss off and the only loss will be in your position in the eyes of polite society.
Ok after spending a hour trying to come up with a passable explanation for honor and the legal system let me sum it up thus. If they think honor should be part of the legal system it will be. If not it wont. This will happen largely regardless of the existence or non-existence of dueling but on wither honor is a personal or communal commodity and responsibility.

Refusal of a duel of Honor might be admissible in court for the jury's consideration on guilt or for the judge to consider it in sentencing.

It might be that in cases that are prosecuted the wronged party might only be allowed to challenge the defendant to a duel if the defendant is found guilty. If they accept then the jail or fine might be lighter or nonexistent and the duel serves in lieu of all or part the punishment. Might work quite well. Serve 10 yrs or take the duel and serve 5 yrs.
 
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