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23 Hamilton, Burr, and Defamation: Physical versus Verbal Duels
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Published:October 2020
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Abstract
This chapter addresses how one of the brilliant aspects of Lin Manuel Miranda's Hamilton: An American Musical is how well it captures both the depths of the animosity between Aaron Burr and Alexander Hamilton and the sheer ferocity of Hamilton's personal and political attacks of Burr over decades. The Hamilton–Burr duel is among the most famous and strangest moments in American history. However, no one knows what exactly Hamilton said to cause Burr to set the duel in motion. Why did Burr not sue Hamilton for defamation instead of setting the wheels in motion for a duel? Hamilton and Burr were both intimately familiar with the workings of defamation law, being among the best lawyers in the country in 1804; both Hamilton and Burr were involved in high-profile defamation actions in the years before their duel. To understand why Hamilton and Burr decided to duel, not sue, one must understand the curvy path that the American defamation law represents.
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