Gunfights and Duels?

You know, I'd agree with everything Baron Max has said, if only he could explain how taking drugs for one's personal satisfaction should be illegal, while shooting people for one's personal satisfaction should be legal.

If I mistook your comment about drugs and prostitution, and you support the decriminalization of victimless crimes, malum prohibitorium crimes, then your argument makes perfect libertarian sense. If not, it's totally self-contradictory and weird.

Now, the same logic applies to James R and tiassa"s arguments. If consenting adults can do whatever they wish, "an it harm none," that must apply to duelling -- just so long as precautions are taken for the protection of bystanders.
 
The problem with historical dueling was also that it was not entirely voluntary. You could refuse a challenge, but doing so cost you a lot of social standing (and in countries with elective politics), your political career. Alexander Hamilton urged his eldest son to accept a duel precisely because it would mean the end of his reputation and future political prospects to refuse the challenge (thus ending Hamilton's son's life).

Rereading the thread, I'm not sure whether BaronMax wants that social stigma returned. That's the issue that makes me think legal lethal dueling is such a bad thing. If two people want to get together and fight, I don't really care, so long as they give their informed consent/* and are not coerced; but a significant loss of social standing and one's potential to be taken seriously in public life is, as far as I'm concerned, coercion. Since the law can't control that sort of coercion, however, I still have to come down against it.

----------
/* I know from other threads that BaronMax and I disagree on what "informed consent" is, since he thinks a six year old can consent to sex with an adult, but for the fact that the law says they can't. I view "informed consent" as something that exists independently of the law, and that the law merely recognizes, not as something the law "creates.")
----------

There is also the fact that duels would be "matters of honor" only about 1% of the time. The rest of the time, let's face facts, they would be arranged duels broadcast for television where the two opponents have simply agreed to kill one another for prize money. (If the law demands some pretense that honor is at stake, one "yo mamma" joke can be told at the start of each combat, thus establishing the breach of honor needed to make the TV show "legal.")
 
You could refuse a challenge, but doing so cost you a lot of social standing (and in countries with elective politics), your political career.

But so could not standing up for yourself ...say in cases of personal insult. Think of it this way, if someone accused you of being a child molester, that stigma will probably cost you your entire life as it is ...even if you're acquitted in court. A duel with that person wouldn't remove the stigma, necessarily, but it might give you some personal satisfaction ...killing the lousy bastard who ruined your entire life!

...but a significant loss of social standing and one's potential to be taken seriously in public life is, as far as I'm concerned, coercion.

...LOL! You've just described basic human life! And it has nothing to do with duels! ...LOL!

Whether you admit it or not, we are "coerced" into things every day of our lives, if nothing more than a few "innocent" remarks or comments. So again, it has little to do with duels.

...let's face facts, they would be arranged duels broadcast for television where the two opponents have simply agreed to kill one another for prize money.

Now ye're just throwing out bullshit "what ifs" as if you can read the future and know what might happen ....and thus make major judgements based on your crystal ball.

But if the duelist agree to a tv contract, why not? I see nothing wrong with it, and it might provide some money for the victim's family. So, see, that could be a good thing, not a bad thing as you've made it out to be.

But remember, please remember, a duel doesn't have to be "to the death" ...even tho' most of you have made that giant leap to conclusion! The duel might just be a boxing match or a wrestling match.

Remember the "Duel of the Sexes" some years ago? Billy Jean King against Bobby Riggs ...tennis! See? A duel doesn't have to be shooting and killing. It's whatever the two duelists agree to.

Baron Max
 
You know, I'd agree with everything Baron Max has said, if only he could explain how taking drugs for one's personal satisfaction should be illegal, while shooting people for one's personal satisfaction should be legal.

Well, if taking drugs didn't cause such continued problems in society, I might well agree to it. But drugs are the cause of much violence, and usually involving innocent bystanders caught between warring drug dealers.

But also, a duel would be a one-time situation; drugs can be, and usually are, long-term situations that escalate to heavier drug usage and harder drugs.

Baron Max
 
bullshit Max

Duels are NOT one time deals and you know it. They would sometimes start feuds.

Drugs being legal = no drugdealers.
 
bullshit Max, Duels are NOT one time deals and you know it. They would sometimes start feuds.

And the operative word is "sometimes". But, ya' know, that's true of almost everything that we do, ain't it? Don't recreational drugs "sometimes" lead to using hard, dangerous drugs and death? So therefore, by your own logic, we should make all drugs illegal to use ...even in the privacy of your home! :D

Drugs being legal = no drugdealers.

No drug dealers? Ya' mean the drugs just drop from heaven?

And if drugs were legal, and sold by stores, Wal-Mart would price everyone out of business, then begin to charge whatever they wanted. Pretty neat, huh?

Baron Max
 
Of course the big business of pharmagasm will supply those drugs over the counter. With tax added of course....
 
Baron Max:
Well, if taking drugs didn't cause such continued problems in society, I might well agree to it. But drugs are the cause of much violence, and usually involving innocent bystanders caught between warring drug dealers.

So...people shooting each over because of gang turf (NOTHING to do with drugs, I will point out) is not okay, but people shooting each other over "personal satisfation" is?

But drugs are the cause of much violence,

You'll have to back that up.

and usually involving innocent bystanders caught between warring drug dealers.

Something simular happened during prohibition. The mafia found a great source of money in bootlegging and rum-running, and, well, you know what happened.

To support this argument, you have to prove that the danger to society that drugs face, is INHERENT in the substances themselves, and not because drugs are illegal, hence attracting a criminal element.

Not to get sidetracked -- substances like MDMA, weed, peyote, acid and special k are illegal because the government DOES NOT WANT people to take them, not because they cause violence.
( Hell even being illegal, did you ever see a bunch of X dealers going to war? )
Duelling is illegal for much the same reason.

NIetzschefan:
Drugs being legal = no drugdealers.

Not quite. You'd still have dealers -- we still have bars. But you don't see bars going to war in some Scarface fashion.
 
And if drugs were legal, and sold by stores, Wal-Mart would price everyone out of business, then begin to charge whatever they wanted. Pretty neat, huh?

There is this newfangled invention called capitalism.
Look at all the places you can get alcohol. Shit, I just got back from the store with a new brand of (cheap, alas) vodka that I picked out of 15 other brands of vodka.
At worst, it would be like the pharmaceutical industry -- oh you can have the special, Eli-LIlley brand of ketamine, or you can get the generic that works as well for less.


But that's beyond the point. Drugs aren't illegal because they're linked to danger and violence, they're linked to danger and violence because they are illegal.
 
Baron Max: So...people shooting each over because of gang turf (NOTHING to do with drugs, I will point out) is not okay, but people shooting each other over "personal satisfation" is?

Yes. One is controlled, with no innocent bystanders in danger and no property is in danger. The duel is fought in a controlled setting with seconds who will monitor and verify fairness and the agreed-upon rules.

You'll have to back that up.

Xev, if you don't believe that drugs cause violence in the world, then I can't help you. You may believe whatever you like.

The rest of your post is about drugs and such, and this ain't the thread for it.

Baron Max
 
Baron:
Yes. One is controlled, with no innocent bystanders in danger and no property is in danger. The duel is fought in a controlled setting with seconds who will monitor and verify fairness and the agreed-upon rules.

Why not let the gang members duel, then?
You know why that wouldn't be an acceptable solution -- because it would be uncivilized, because it would break the sense of rules that we have about how disputes are settled, and because it would hurt the government's monopoly on punishment.

Hey! That's kinda like why taking a few tabs of sunshine and trippng all day is illegal.

Xev, if you don't believe that drugs cause violence in the world, then I can't help you.

There's a name for that fallacy...
You made an assertion, you should back it up.

And you need to show that this is BECAUSE EVERY ILLEGAL DRUG is IN AND OF ITSELF a dangerous substance.
 
Baron: Why not let the gang members duel, then?

Well, if we'd ever get around to passing that law, then they could duel it out to their heart's content. And in that way, no innocent people would be harmed as it is now.

I don't want to talk about drugs - that's for another thread somewhere.

Baron Max
 
Baron Max:
Well, if we'd ever get around to passing that law, then they could duel it out to their heart's content. And in that way, no innocent people would be harmed as it is now.

We can at least agree on this.
I'm arguing this from the standpoint of individual liberties, not the benefits to "society." I doubt we can come to consensus, as you're arguing from the standpoint of "society's" benefit.

I'm off with my vodka in any case, peace.
 
If we allow duels, it won't merely be gangs dueling; it'll be everyone. Do you want to see a politician you like get caught up in a duel with some rascal and die? It'll simply become a convenient way to get rid of people, where a refusal to duel would mean unmanliness. I'm thinking back to the times of tsarist Russia when duels were allowed.

P.S. Xev, darling!!!! <3
 
But so could not standing up for yourself ...say in cases of personal insult. Think of it this way, if someone accused you of being a child molester, that stigma will probably cost you your entire life as it is ...even if you're acquitted in court. A duel with that person wouldn't remove the stigma, necessarily, but it might give you some personal satisfaction ...killing the lousy bastard who ruined your entire life!

That's a fairly speculative hypothetical...below this quote you tell me I'm engaging in "what ifs" but that's all this is. Most historical duels were not over such serious matters of personal honor. They were minor spats amongst people who just happened to hated each other, they were a means of ending feuds if the sorts people have all the time. You don't like your boss? Duel! You don't like your next door neighbor's politics? Duel! (In fact, it was a silly political dispute that led to the death of Alexander Hamilton's son, and it was Hamilton's opposition to Burrs becoming governor that got Hamilton killed...and Burr never bothered challenging any of his other, even more hateful detractors, he went after Hamilton because he hated him personally.)

The reason that dueling was formally banned was that the matters causing fights were increasingly trivial, and not serious matters of honor of the sort that the local legislatures (largely aristocrats themselves, back then) saw as meaningful. Thus, from the history on the subject, I'd say that it's pretty likely that for every duel of the sort of serious nature you describe, there would be more that were over petty (or merely "perceived" insults).

...LOL! You've just described basic human life! And it has nothing to do with duels! ...LOL!

Whether you admit it or not, we are "coerced" into things every day of our lives, if nothing more than a few "innocent" remarks or comments. So again, it has little to do with duels.

The difference, if you think about it, is entirely obvious. If I am coerced into having children or not, or standing up to a bully, or into engaging in sexual activity earlier than I might like due to peer pressure, or whatever, that pressure will not lead to my direct and immediate death.

Coercion is not always a bad thing. Being coerced into a duel to the death over trivial matters is.

Now ye're just throwing out bullshit "what ifs" as if you can read the future and know what might happen ....and thus make major judgements based on your crystal ball.

But if the duelist agree to a tv contract, why not? I see nothing wrong with it, and it might provide some money for the victim's family. So, see, that could be a good thing, not a bad thing as you've made it out to be.

But remember, please remember, a duel doesn't have to be "to the death" ...even tho' most of you have made that giant leap to conclusion! The duel might just be a boxing match or a wrestling match.

Boxing matches and wrestling matches ARE LEGAL, right now. So if you're talking about those, you'll notice that I already said those are perfectly fine and acceptable in my posts above. Feel free to reread the thread. Excluding those, we're left arguing about the illegal duels which are the ones that present serious risk to life or limb.

Again, though, duels that are not to the death and that present limited risk of accidental death or maiming, I have no problem with those, nor does the law and nor do most ethical systems. Your original post clearly covered those duels that are "illegal, or immoral, or unethical" and ends by noting that one deficiency of the court system is that "it leaves both contestants alive and able to continue the dispute." I restricted my comment in the post to which you responded to those duels...to the ones you yourself indicated. Perhaps you need to be more clear when you submit posts, because somehow you forgot about these "non-lethal duels" when you first posted. In fact, I think *I* mentioned non-lethal duels like boxing matches before you did.
 
Most historical duels were not over such serious matters of personal honor.

And you know that ...how? And who are you to decide what was "personal honor" to someone 200 years ago?

They were minor spats amongst people who just happened to hated each other,...

What is "minor" to you, might not be "minor" to someone else. It's not your place to make such judgements ...or if it is, it shouldn't be.

You don't like your boss? Duel! You don't like your next door neighbor's politics? Duel!

Have you seen your boss? Geez, he's big man, and strong, plus he's been the champion marksman with pistols and rifles for the past three years!! Only an idiot would challenge him to a duel.

A challenge to a duel would not be such a trivial thing ...if one stood a chance of getting killed or maimed. Or are you just that kind of person??? ...and you're projecting that same mentality onto others?

Coercion is not always a bad thing. Being coerced into a duel to the death over trivial matters is.

Why? Just because you say so? And I would again remind you ...what is "trivial" to you, might not be trivial to evryone else.

Boxing matches and wrestling matches ARE LEGAL, right now.

I don't know where you live, but in the USA, such boxing and wrestling is NOT legal! One can get arrested for assault, if not more.

As I see it, all you're doing is projecting your own ideals onto others without much logical reasoning behind it. You don't like duels, and you think arguments are trivial, so.....

Baron Max
 
And you know that ...how?
Because I read a lot of history. For example, in Spain, at one time, only about 25% of male Spanish nobles were living to the age of 30...and the main cause of death for those nobles over the age of 15 was dueling. The numbers were similarly grim in other European nations. It was then that Catholic Church declared that anyone engaging in a duel would be excommunicated, and a few nations started passing laws making duels illegal (in addition to the existing rules against murder).

The history of dueling is actually a fairly well researched topic, and if you'd like some reading suggestions, I'd try either:

*Gentlemen's Blood, A History of Dueling, by Barbara Holland. The book jacket (of the paperback) gives this quote from the Wall Street Journal's review of the book: "Never did I imagine that dueling could be so enthralling, outrageous, gruesome, tragic, and, yes, ridiculous."

or, if you want a more rigorous discussion of why dueling was bad for society, try

*The Duel of Honor: Screening For Unobservable Social Capital, by Douglas Allen and Clyde Reed, American Law and Economics Review (Fall 2006)

What is "minor" to you, might not be "minor" to someone else. It's not your place to make such judgements ...or if it is, it shouldn't be.

Contrary to your view that duels were fought over serious matters, they were often used as cover to take out political opponents, especially here in the U.S. (again, see the life of Alexander Hamilton and his eldest son). They were also fought over matters of philosophical and scientific disagreement...as if a duel is going to resolve a scientific dispute. The literary critic Charles Saint-Beuve was famously challenged to a duel because an author did not like the review he received (when M. Saint-Beuve was asked to choose his weapon, he replied "I choose spelling; you're dead."). Several duels were fought over one person's speculating about the true age of the other (the most famous being the "Petticoat Duel" between Mrs. Elphinstone and Lady Almeria Braddock, since the combatants were women). In fact, virtually any disagreement, no matter how minor, became grounds for a duel, as long as one man felt like fighting (and again, it only takes one, since refusing a duel was the end of one's ability to function in society in those periods when duels were common).

Other notable ridiculous duels include:
  • Commodore Barron challenged and killed one of the judges who sat at his court martial (Stephen Decatur).
  • Pitt the Younger challenged George Tierney to a duel on the grounds that Tierney suffered from "a want of patriotism."
  • In the course of a very technical, legal, dispute over who was the proper inheritor of a piece of land, the courts ruled against the 4th Baron Mohun, who challenged the winner, the Duke of Hamilton. Both men died, prompting yet more legal proceedings amongst Hamilton's heirs over who now owned that land. I stress, though, that even had Baron Mohun won the duel and survived, that would not have made his claim on that land any stronger.
  • Kenelm Digby (an Englishman who was traveling in France) fought Mont le Ros over le Ros's suggesting that Charles I (of England) was not a good monarch. (If that stands as a "good duel" then I think that anyone that challenges the efficacy of Administration policy can be forced to fight to the death).

The book entitled Notes on Duels and Duelling: Alphabetically Arranged with a Preliminary Historical Essay by Lorenzo Sabine (1855), has some of my favorites, though:
  • One Neopolitan nobleman once fought a duel over the crucial matter of whether Dante was a better poet than Ariosto. The nobleman later admitted on his deathbed that he had never read the works of either.
  • A French Knight declared that his lover was more beautiful any Englishwoman. Someone took offense, and the knight was killed in the ensuing duel.
  • Two French nobles could not agree on whether the letter embroidered into a piece of cloth was an "X" or a "Y", so they set up a six on six person duel to settle the matter.
  • One marquis owed another 15 shillings, admitted that he owed the debt, but challenged the other man to a duel rather than pay, killing the other man.
  • A member of Parliament was called "a Jacobite," so dueled and killed the man over the "insult."
  • An English nobleman in lone for a dukedom challenged a man he had never met before to a duel because he felt "a call" to do so...there was no specific offense.
  • An English officer, recounting his combat duty in the American Revolution asserted that the American forces were not cowards. Another officer took offense, and killed him in a duel for not badmouthing us.
  • A member of the House of Commons killed a man because the man's horse walked backwards (i.e. hindquarters first) towards a royal residence, and the man made a quip about the incident.
  • A nobleman was killed because he glanced at another nobleman's wife on the street.
  • Two barristers met who had never met nor spoken to one another once fought. One challenged the other without giving a reason or allowing the other a chance to apologize for whatever the supposed wrong was, likely because there was none. The second barrister stated openly that his only reason for going through with it was that he'd never be able to live his life (or practice law again) if he declined.
  • Two men dueled because they had a disagreement over whether or not "Ireland was a nation easily roused and easily appeased."
  • A traveler who has attempted to stop two men from fighting was challenged to a duel for his trouble by one of them.
  • A man who referred to "a beggarly corporation" was challenged to a duel by a man who disagreed (this would be Daniel O'Connell, who killed the challenger, d'Esterre, despite d'Esterre's being a notable duelist and O'Connell's never having dueled before).
  • A witness in an American trial testified against a criminal, who happened to be a wealthy man, so the criminal killed him on the supposed "field of honor" after his sentence was served.
That book goes on and on.

From what I have read, it seems that the plurality (perhaps majority) of duels were fought over women, and one man's inability to take rejection is not a very compelling reason to kill another man, any more than it is a good reason to kill the woman. Evariste Galois (who, despite his age, laid the foundations of "Galois theory") was (by most accounts) killed in a duel of this sort, in that the ex of the woman he was seeing didn't like the woman seeing anyone new. Galois died at the age of 20, already an acknowledged genius. Who knows what he might have achieved but for the fact that he was pressured into that duel.

Have you seen your boss? Geez, he's big man, and strong, plus he's been the champion marksman with pistols and rifles for the past three years!! Only an idiot would challenge him to a duel.

Fear not for me. I work out six days a week, so I'm pretty sure I can take him. Also, I am a pretty good shot, so even if he chooses pistols over swords, I think I still stand a chance.

A challenge to a duel would not be such a trivial thing ...if one stood a chance of getting killed or maimed. Or are you just that kind of person??? ...and you're projecting that same mentality onto others?

Again, I am assuming that history is a guide to ho duels will progress. Historically speaking, the fear of death and maiming did not prevent, for example, artists from trying to kill art critics over "bad" reviews like "The artist depicted a philosopher trampling oyster shells and a watercolor of his Christ with Angels." (That was the "review" that caused Edouard Manet to fly into a rage and challenge the critic Louis Duranty to a sword fight...a review which seems curiously devoid of criticism, save that Manet thought its tone was hostile.) Also, in a rage or not, once the challenge is issued, neither man can back out without losing face and making himself a permanent pariah.

Plus, see the list above. A number of duels actually were fought for no reason at all, save that one of the men felt like fighting and the other didn't feel he could refuse the challenge and still live in the community. I would submit that "no reason at all" is "not a good reason" in a more or less objective sense. These are not "duels of honor" in most cases, but "duels to settle arguments" or "duels fought because one person was angry or jealous."

I don't know where you live, but in the USA, such boxing and wrestling is NOT legal! One can get arrested for assault, if not more.

You are wrong. Part of my weekly work outs include boxing. Amateur boxers do not need to be licensed any any state I know of. I have boxed against several of my friends. You can go to any gym with a ring and sign up if you want....there's no requirements necessary to become a boxer. While it is true that you are not allowed to fight in a public place and that the fight must be properly "arranged," boxing is legal. That's why you see it on T.V. Find a gym with a ring, sign up, put on the gloves, and the police cannot touch you for assault during the course of a bout (unless you go beyond the customary rules of boxing, like (say) attacking an opponent who's already unconscious).

It is true that match makers for amateur bouts do need a license, hence you have to find a gym with a ring (and any gym with a ring will have the license as they are not hard to get). Having to go to a place that has a promoter's license is no more onerous than having to bring a second or any of the other rules that are customary in duels.

The same is true with wrestling. In fact, I was on my high school wrestling team. If it were illegal, then a lot of high schools are flouting the law. Further, children wrestle all the time...Call the Police!

As I see it, all you're doing is projecting your own ideals onto others without much logical reasoning behind it. You don't like duels, and you think arguments are trivial, so.....

Baron Max

I go by history, which I have read. Dueling was entirely disruptive, not the source of stability you imagine that it was as compared to the current system. Yet again, please read my posts. I did say that if it truly were entirely voluntary—with both men fighting because each wanted to satisfy his honor and *not* merely to avoid the historically dominant social stigma attached to not fighting—then I would be okay with the practice. (Though there is the argument that a lack of respect for life leads to increased crime rates, a theory many historians use to explain the amazingly high crime rates during the very late middle ages...a time when rather gruesome public executions for crimes became more open and pervasive, and were more or less the "standard" punishment for almost any crime, as opposed to the earlier eras when the death penalty was used more judiciously.)

I get the sense that your view of dueling is entirely based on an overly-romantic, ahistorical and economically ill-informed picture of it.

Edit: Besides, Mr. No-Gay-Marriage, you are happy to foist your preferences on others, so how can you take the libertarian high ground? In this case your personal standards are just set so low that no one can fail to meet them. In the case of gay marriage you asserted many times that society exists to enforce its collective preferences. Society has spoken...no lethal duels
 
Last edited:
No, not something like that, of course. But, say, a personal duel with the slimy sleaze-bag, lyin', egg-suckin' insurance agent that sold you the policy! No, see, that's personal ...the prick lied to you just to get his commission in sales. A meeting at high noon on Main Street would give personal satisfaction.

Baron Max
Okay...so what happens when the agent just says "You're a nut. I'm not going to duel with you. Get out of my office before I call the police."
 
Baron Max said:

I would also remind you, if you don't know, that court cases are also a major waste of time and money ...much, much more than a simple duel.

Are you suggesting, then, that civilized society is a major waste of time and money? That's what it sounds like, since what you're rejecting is due process, and what you're invoking is "might makes right".
 
Are you suggesting, then, that civilized society is a major waste of time and money?

I don't think there is such a thing as "civilized" society. And I think most human societies on Earth are prove of that! :D

I also question whether there's such a thing as "civilized" humans.

Baron Max
 
Back
Top