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Ordeals - Peter Leeson

691[Journal of Law and Economics,vol. 55 (August 2012)] 2012 by The University of Chicago. All rights reserved. 0022-2186/2012/5503-0024$ T. LeesonGeorge Mason UniversityAbstractI argue that medieval judicial Ordeals accurately assigned accused criminals guilt and innocence. They did this by leveraging a medieval superstition callediudicium Dei(judgments of God). According to that superstition, God con-demned the guilty and exonerated the innocent through clergy-conducted phys-ical tests. Medieval citizens belief iniudicium Deicreated a separating equilib-rium in which only innocent defendants were willing to undergo on observing a defendant s willingness to do so, the administeringpriest knew he or she was innocent and manipulated the ordeal to find theory explains the peculiar puzzle of Ordeals : trials of fire and water thatshould have condemned most persons who underwent them did the exonerated these per

Ordeals 693 crimes of which they were accused.4 My analysis uses rational choice theory to show how ordeals did just that. In doing so, I develop a law and economics of superstition. The law and economics of superstition explores the role that ob-

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