Argumentative Essay: Should The Court System Be Equal?

Modern society hinges upon the concept of true equality throughout daily life. So why should the court system not be equal as well? With the re-institution of trial by combat the playing field that is the courts would once again be equal. No longer would those with greater finances win a court dispute every time simply because they can afford better lawyers. Now should people wish to proceed by normal means they can, trial by combat is an optional choice to settle the dispute in question. Also should a person wish to invoke trial by combat but they are physically unable to do so they can call for a champion to fight in their place. Is this not what equal means, for both sides to have the same chances of winning regardless of where they come from or what their history is?
“TRIAL BY COMBAT IN THE UNITED STATES 47. At the times of the ratification of the Bill of Rights in 1791, trial by combat was not outlawed in any of the Thirteen Original United States (including the State of New York), all of whom inherited British common law upon independence in 1776. 48. Since then, no American court in post-independence United States to the undersigned’s knowledge has addressed the issue, and thus trial by combat remains a right reserved to the people and a valid alternative to civil action.”( U.S. Supreme court of the state of New York, 2015) Although it has not been called into effect in a great many years, from this excerpt it can be seen that trial by combat is still legal in the United States. The founders of our country, those whom created the system we live by and the rights that we are entitled to, did not see fit to remove trial by combat but instead kept it in the law books. So many of the American ideals are based off of what these men chose to do so why should we not begin the use of trial by combat once