"Trial by Combat" Proponent Shows Ignorance of Basic Customs

For several days, various national publications have carried the story of this Kansas litigant who asked an Iowa court to order resolution of a domestic case by a duel to the death with Japanese swords. Included in the request was a prayer for twelve weeks' lead time to line up suitable long and short swords.

Apparently Kansans follow some dime-novel concept of dueling. The first point to be made here is that under normal dueling protocols as recognized in most western nations, the challenged party (not the challenger) would be the party entitled to designate the time, place and choice of weapons for the engagement. So, it would only be swords if the wife wants swords, and he needs to ask her for the twelve weeks to prepare. Also, principles of the code duello do not permit the challenger to designate the challenged party's "champion." If the wife chooses to name a "champion" as an alternative to dueling in person, she has the right to make that selection in her own discretion.

Beyond his foundational faux pas, the hayseed's designation of both the katana and wakizashi as weapons for the proposed duel reflects his further ignorance of customary practices when dueling with Japanese swords. Although samurai typically carried both blades in battle, duels with live blades were normally conducted with only one sword per participant, usually the katana. (Dueling with both would have been a practice limited largely to adherents of a double-sword style promoted by Kensei Musashi Miyamoto, based on the French double-rapier system, and would not be an option suitable for novices).

Based on the most current reports, it appears the request and response are going nowhere at the moment, due to the Iowa court's perception that some applicable procedural requisites have not been properly followed. It is possible that the court is concerned a proper challenge and acceptance are at this point lacking, and is waiting to schedule an appearance by the parties' seconds to set any details until those formal defects have been remedied.

https://nypost.com/2020/01/15/kansas-man-wants-to-settle-ugly-custody-battle-with-trial-by-combat-with-japanese-swords/