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Ordeals

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  • Peter T. Leeson

Abstract

I argue that medieval judicial ordeals accurately assigned accused criminals' guilt and innocence. They did this by leveraging a medieval superstition called iudicium Dei (judgments of God). According to that superstition, God condemned the guilty and exonerated the innocent through clergy-conducted physical tests. Medieval citizens' belief in iudicium Dei created a separating equilibrium in which only innocent defendants were willing to undergo ordeals. Conditional on observing a defendant's willingness to do so, the administering priest knew he or she was innocent and manipulated the ordeal to find this. My theory explains the peculiar puzzle of ordeals: trials of fire and water that should have condemned most persons who underwent them did the reverse. They exonerated these persons instead. Boiling water rarely boiled persons who plunged their arms in it. Burning iron rarely burned persons who carried it. Ordeal outcomes were miraculous, but they were miracles of mechanism design.

Suggested Citation

  • Peter T. Leeson, 2012. "Ordeals," Journal of Law and Economics, University of Chicago Press, vol. 55(3), pages 691-714.
    • Handle: RePEc:ucp:jlawec:doi:10.1086/664010
    DOI: 10.1086/664010
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    References listed on IDEAS

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    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    2. Drew Fudenberg & David K. Levine, 2006. "Superstition and Rational Learning," American Economic Review, American Economic Association, vol. 96(3), pages 630-651, June.
    3. Posner, Richard A, 1980. "A Theory of Primitive Society, with Special Reference to Law," Journal of Law and Economics, University of Chicago Press, vol. 23(1), pages 1-53, April.
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    Cited by:

    1. Cameron Harwick, 2020. "Inside and Outside Perspectives on Institutions: An Economic Theory of the Noble Lie," Journal of Contextual Economics (JCE) – Schmollers Jahrbuch, Duncker & Humblot, Berlin, vol. 140(1), pages 3-30.
    2. Vladimir Vladimirovich Maltsev, 2020. "Economics of the Sacramental Bread Ordeal in the Russian Princedoms Period," Journal of Economics, Management and Religion (JEMAR), World Scientific Publishing Co. Pte. Ltd., vol. 1(02), pages 1-16, December.
    3. Stringham, Edward Peter, 2015. "Private Governance: Creating Order in Economic and Social Life," OUP Catalogue, Oxford University Press, number 9780199365166.
    4. Leeson,Peter T., 2014. "Anarchy Unbound," Cambridge Books, Cambridge University Press, number 9781107629707, January.
    5. Peter T. Leeson, 2014. ""God Damn": The Law and Economics of Monastic Malediction," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 30(1), pages 193-216.
    6. Gershman, Boris, 2015. "The economic origins of the evil eye belief," Journal of Economic Behavior & Organization, Elsevier, vol. 110(C), pages 119-144.
    7. Andrew Young, 2022. "The Peace of God," Rationality and Society, , vol. 34(1), pages 28-55, February.
    8. Piano, Ennio E. & Rouanet, Louis, 2020. "Desertion as theft," Journal of Institutional Economics, Cambridge University Press, vol. 16(2), pages 169-183, April.
    9. Peter T Leeson, 2014. "Oracles," Rationality and Society, , vol. 26(2), pages 141-169, May.
    10. Halvarsson, Daniel & Korpi, Martin & Wennberg, Karl, 2018. "Entrepreneurship and income inequality," Journal of Economic Behavior & Organization, Elsevier, vol. 145(C), pages 275-293.
    11. Escalante, Edwar E. & March, Raymond J., 2020. "Fighting on Christmas: brawling as self-governance in rural Peru," Journal of Institutional Economics, Cambridge University Press, vol. 16(3), pages 355-368, June.
    12. Colin O’Reilly & Yi Zhang, 2018. "Post‐genocide justice: The Gacaca courts," Development Policy Review, Overseas Development Institute, vol. 36(5), pages 561-576, September.
    13. Leeson Peter T., 2021. "Trading with the Dead," Review of Law & Economics, De Gruyter, vol. 17(3), pages 615-646, November.
    14. Pavel Ciaian & d'Artis Kancs, 2016. "Causes of the Social and Economic Marginalisation: The Role of Social Mobility Barriers for Roma," EERI Research Paper Series EERI RP 2016/03, Economics and Econometrics Research Institute (EERI), Brussels.
    15. Brown Matthew & Cardiff-Hicks Brianna, 2018. "The Tragedy of the Uncommons," Review of Law & Economics, De Gruyter, vol. 14(2), pages 1-22, July.
    16. Manvir Singh & Pascal Boyer & Leeson, Peter T & Mckay Ryan & Bentall, Richard P & Sarah Peacey & Ruth Mace & Schimmelpfennig, Robin & Muthukrishna, Michael, 2021. "Magic, explanations, and evil: the origins and design of witches and sorcerers," Post-Print hal-03256601, HAL.
    17. Ennio E Piano & Byron B Carson, 2020. "Scalp-taking," Rationality and Society, , vol. 32(1), pages 40-66, February.
    18. Koyama, Mark, 2016. "The long transition from a natural state to a liberal economic order," International Review of Law and Economics, Elsevier, vol. 47(S), pages 29-39.
    19. repec:zbw:bofitp:2015_014 is not listed on IDEAS
    20. Peter T. Leeson & Paola A. Suarez, 2015. "Superstition and Self-Governance," Advances in Austrian Economics, in: New Thinking in Austrian Political Economy, volume 19, pages 47-66, Emerald Group Publishing Limited.
    21. Peter T. Leeson & Jacob W. Russ, 2018. "Witch Trials," Economic Journal, Royal Economic Society, vol. 128(613), pages 2066-2105, August.
    22. Jefferson DP Bertolai & Luiz GDS Scorzafave, 2021. "Property rights’ emergence in illicit drug markets," Rationality and Society, , vol. 33(1), pages 52-105, February.
    23. Libman, Alexander & Vollan, Björn, 2015. "Anti-Western conspiracy thinking and expectations of collusion: Evidence from Russia and China," BOFIT Discussion Papers 14/2015, Bank of Finland, Institute for Economies in Transition.
    24. Leeson, Peter T. & Boettke, Peter J. & Lemke, Jayme S., 2014. "Wife Sales," Review of Behavioral Economics, now publishers, vol. 1(4), pages 349-379, December.

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