» Mon Mar 18, 2013 10:44 pm
On the death of a king, the jarls convene a moot to elect a new king...that didn't happen following Torryg's death...probably would have been a bit hard in any case as the challenger probably wouldn't want to appear to avoid charges or at least claims of murder and treason.
I would suggest that the 'right to succession by challenge to combat' would actually have some sort of formality to it, such as a combat being held at a moot (assuming a 'moot' is simply a meeting of all the jarls, regardless of its' purpose, rather than simply as only being held on the death of a king)...that way, any question of right or wrong is resolved openly in front of the participants' peers.
In real world history, there's been a few cultures where claims to a throne or position, or land, or even simply dispute resolution has been decided by challenge - many Germanic tribes did it, the Gauls did it, the Vikings did it, and a number of African cultures have practiced it. Dueling was only outlawed, or at least became socially unacceptable and eventually fizzled out, in the UK in the mid-late 1800's. The one thing that was in common between modern dueling and certainly the Viking duelling was that the event was formally witnessed, to make sure that it was carried out in accordance with rules and custom.
Would Torryg have broken with the Empire? Don't know... Would Ulfric have accepted Torryg as High King if he had broken with the Empire? That's another don't know...
The one thing that is clear in-game is that in relation to the jarls, the Stormcloak command views them as "...either with us, or against us...", which indicates to me that the rebellion was going to happen regardless, and that whoever stood in the way was going to die...they will not accept neutrality, and they will not accept resistance.