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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The mission of Philosophy in Action is to spread rational principles for real life... far and wide. That's why the vast majority of my work is available to anyone, free of charge. I love doing the radio show, but each episode requires an investment of time, effort, and money to produce. So if you enjoy and value that work of mine, please contribute to the tip jar. I suggest $5 per episode or $20 per month, but any amount is appreciated. In return, contributors can request that I answer questions from the queue pronto, and regular contributors enjoy free access to premium content and other goodies.

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About Philosophy in Action

I'm Dr. Diana Brickell (formerly Diana Hsieh). I'm a philosopher, and I've long specialized in the application of rational principles to the challenges of real life. I completed my Ph.D in philosophy from the University of Colorado at Boulder in 2009. I retired from work as a public intellectual in 2015.

From September 2009 to September 2015, I produced a radio show and podcast, Philosophy in Action Radio. In the primary show, my co-host Greg Perkins and I answered questions applying rational principles to the challenges of real life. We broadcast live over the internet on Sunday mornings.

You can listen to these 362 podcasts by subscribing to the Podcast RSS Feed. You can also peruse the podcast archive, where episodes and questions are sorted by date and by topic.

My first book, Responsibility & Luck: A Defense of Praise and Blame, can be purchased 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 second book (and online course), Explore Atlas Shrugged, is a fantastic resource for anyone wishing to study Ayn Rand's epic novel in depth.

You can also read my blog NoodleFood and subscribe to its Blog RSS Feed.

I can be reached via e-mail to diana@philosophyinaction.com.

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