Friends and Fans — I have retired from my work as a public intellectual, so Philosophy in Action is on indefinite hiatus. Please check out the voluminous archive of free podcasts, as well as the premium audio content still available for sale. My two books — Responsibility & Luck: A Defense of Praise and Blame and Explore Atlas Shrugged — are available for purchase too. Best wishes! — Diana Brickell (Hsieh)

Legal Dueling

Q&A Radio: 25 May 2014, Question 2

I answered a question on legal dueling on 25 May 2014. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.

Should dueling and other consensual fights be legal? In your September 5th, 2012 interview with Dr. Eric Daniels, you discussed some of America's violent past traditions, including the practice of dueling. While I have no intention of challenging my rivals to mortal combat, I cannot see why this practice should be illegal. The same might be said of less lethal modern variants such as bar fights, schoolyard fights, and other situations where violence is entered into with the mutual consent of both parties. Should such consensual violence be forbidden by law in a free society – not just for children but perhaps for adults too? If so, what justifies allowing more ritualized forms of combat, such as mixed-martial arts fighting, boxing, or even football?

My Answer, In Brief: Duelling cannot be completely forbidden or completely permitted because a duel may be fully consensual or not. Instead, measures must be taken to ensure consent, but if that's not clear after the fact, the winner might be justly prosecuted for murder.

Tags: Consent, Contracts, Law, Politics, Rights, Sports, Suicide


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About Philosophy in Action

I'm Dr. Diana Brickell. I'm a philosopher specializing in the application of rational principles to the challenges of real life. I received my Ph.D in philosophy from the University of Colorado at Boulder in 2009. My book, Responsibility & Luck: A Defense of Praise and Blame, is available for purchase in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck."

My radio show, Philosophy in Action Radio, broadcasts live over the internet on most Sunday mornings and some Thursday evenings. On Sunday mornings, I answer questions applying rational principles to the challenges of real life in a live hour-long show. Greg Perkins of Objectivist Answers co-hosts the show. On Thursday evenings, I interview an expert guest or discuss a topic of interest.

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