Game of Thrones
Madison Russ, Special to the Philadelphia Business Journal
Imagine being able to sword fight over a traffic ticket - actually you may be able to in Pennsylvania.
Due to an obscure loophole, 'trial by combat' may be legal in Pennsylvania, not just in the fictional universe of Westeros in the popular HBO series Game of Thrones.
According to Business Insider, the archaic 'trial by combat' was inherited by the first 13 colonies, as it was a long-standing British law.
However, the law wasn't repealed in Britain until 1819 - long after the United States sought independence.
In theory, some scholars believe that because the law was picked up by the original colonies prior to 1776 and our forefathers never made official clause to write it out of the constitution, it still may have its chance in the American justice system.
'The Ninth Amendment says that the enumeration of certain rights in the Constitution does not mean that the people don't have other rights too,' Adam Winkler, a specialist in American Constitutional law, told Business Insider.
Although an American defendant could make a viable argument for trial by combat, Winkler said they would have to prove that it was not only lawful when the British founded the first colonies but also that they did not intend at the time to revoke it.
Additionally, trial by combat violates other areas of the constitution such as due process making the legalities of negotiating it all the more difficult.
However, that hasn't stopped others from trying. A 60-year-old British man, Leon Humphreys, attempted to invoke trial by combat for a minor traffic offense in 2002. Humphreys wished to battle an office clerk with the option of, 'samurai swords, Ghurka knives, or heavy hammers,' according to the Telegraph. The court rejected his request and additionally fined him extra.
Undoubtedly, Game of Thrones fans have been waiting on pins and needles for this Sunday's episode where beloved character Tyrion Lannister's fate will be determined between an epic battle between Obern Martell and the Mountain.
Post a Comment for "Game of Thrones"