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[–] 48 points 1 month ago (41 children)

in my mind this falls under bodily autonomy. people have the right to consent to anything being done to their body or not, but also that consent can be given or rescinded at any time. its unethical to legislate away our ability to consent to be shot or stabbed or bludgeoned or killed or whatever, and the person carrying that out shouldnt be punished at all for participating in consensual acts.

i think society in general just gets the ick from the idea of people consenting to things being done to their body that they personally dont understand or would never want and tries to stop it to satisfy their own feelings. we see this applied to all kinds of things like abortion, body modification, drug use, suicide, gender transition, sex acts, sexual partners, etc. its pretty patronizing and only causes additional harm to people seeking those things out without really doing anything to meaningfully stop them.

hopefully at some point in the future human culture will be able to internalize bodily autonomy as an inherent personal right. we're on the road but we've been hitting a few bumps lately...

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  • [–] 72 points 4 weeks ago (9 children)

    i think the issue with consent is that when power imbalences are involved, it becomes very hard to tell if it is actually present.

    like someone whose needs are not met can be pressured into giving consent for things they do not actually consent to, in exchange for what they need most.

    we really need to make sure that everyone is provided for and social power imbalences aren't too big, to make consent actually work.

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  • [–] 11 points 4 weeks ago (7 children)

    Power is generally best off dissolved anyway.

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  • [–] 9 points 4 weeks ago* (6 children)

    There's not a realistic chance of that happening. There is a realistic chance of consent laws being changed to allow very easy access to assisted suicide and other things. One is a minor change to existing law, the other is a complete transformation of society. One belongs in real-world discussions of governmental policy, the other in political theory. When discussing the very real problems with consent and power imbalance in our real world, "just dissolve all power," is not a serious solution.

    "Dissolve all power" is a good answer to the question, "what would an ideal society look like?" It's a very poor answer to, "how do we avoid coercion in our medical aid in dying programs?"

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  • [–] 4 points 4 weeks ago (2 children)

    This doesn't really have anything to do with what you said, other than some assumptions you seem to be making that I'd like to push back on. Mostly, just the idea that things will continue to work the way they have in the future. Which they will not. We are in full-blown collapse right now, and there are NO policy changes that will make a lasting impact or can stop it from happening.

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  • [–] 48 points 4 weeks ago (2 children)

    I think it is necessary to have some limitations to avoid people being pressured or coerced into 'consenting' to things they really shouldn't. Because otherwise you're going to get scenarios where it's rather dubious to imagine someone really sincerely consented to getting killed.

    Consider something like Squid Game. Every participant joined the games voluntarily, at least on paper. They're even given the opportunity to leave, only for many of them to come back because their lives in poverty are that bad, and they have families who need the money, need it so badly that they'll take such an extreme risk. So is that consent? Should that be a legal form of dueling? Or is the entire message of the show that it very much shouldn't be?

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  • [–] 12 points 4 weeks ago (1 child)

    i think the message there is society and capitalism are fucking evil. they put those people in those terrible situations and then took advantage of their desperation. obviously the answer is no, they were coerced by a callous system that took everything from them right up to the end.

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  • [–] 25 points 4 weeks ago (5 children)

    We also don't do this, because it will lead to people agreeing to be killed for money. Also you'd need everybody involved to undergo a mental evaluation. We wouldn't want manipulable people bring killed for sport. Because let's not kid ourselves, that would absolutely happen. And so we just don't allow it at all.

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  • [–] 4 points 4 weeks ago (1 child)

    another example of capitalism/society causing harm and people ascribing that harm to the response rather than the system that pushed people to be desperate enough to be killed for money. but you know that already fucking happens. life insurance fraud is a thing. people take out huge life insurance plans then go find a way to die that looks like an accident to support someone else. but sure allowing people to consent to die would be the real problem.

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  • [–] 10 points 4 weeks ago* (last edited 4 weeks ago)

    Everything else aside, duels were basically always linked to 'honor' and the accompanying societal pressure. As soon as you get duels back on the table as an option for 'conflict settlement', your 'consent' is very much under pressure by the societal expectations.

    People in the past did not go duelling because they really liked duelling or wanted to die, but because it was the only way to reclaim your 'honor' in society. That is really not a culture anybody should want coming back.

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  • [–] 10 points 1 month ago (1 child)

    I think a solid middle ground could be notarized, witnessed contracts for ensuring the consensuality of dueling/bodily harm.

    Since if someone asks to be killed they can’t exactly confirm that consent after the fact y’know?

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  • [–] 4 points 4 weeks ago

    It’s difficult, because consent can be revoked at any time. So you could sign a contract em and then revoke consent (or others could use this to void the contract).

    This is why, in many countries with euthanasia laws, euthanasia is assisted suicide in the literal sense as well; the person dying needs to physical pull the trigger.

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  • [–] 9 points 4 weeks ago (6 children)

    I think this is too individualistic of a framing for something that has a real cost to the community and society as a whole. Even putting aside the moral problems with you killing yourself and leaving your family, there's also a legal issue with you abandoning your dependents.

    If a father goes and gets himself killed in a duel he's not just harming himself, he's harming both the children and mother of the children who depend on him.

    And on a grander scale society has taken care of you for many moments in your life and it is only fair that you contribute back to the society that raised you.

    Whether you like it or not you have certain duties to society and society has a legitimate interest in preventing you from getting out of those obligations by killing yourself.

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  • [–] 5 points 4 weeks ago (5 children)

    thats a pretty naive perspective that ignores the reality of suicide. people are going to do it anyway, whatever you or anyone else thinks. removing options for people in that situation just worsens the harm to people around them and society as a whole, because no one is prepared and they can only do it in an inconvenient place/way. its always a surprise that people have to deal with suddenly, rather than something with established procedures and norms. your position is basically "they shouldnt because its hard messy so we'll make it really hard and messy to disuade them". its a circular argument that serves no one.

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  • [–] 6 points 4 weeks ago

    people have the right to consent to anything being done to their body or not, but also that consent can be given or rescinded at any time.

    • Challenge someone to a duel

    • Pistols at dawn

    • The instant they fire, yell out "I don't consent to this!"

    • Die anyway

    • They go to jail for murder

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    [–] 39 points 4 weeks ago

    This totally did sort of used to happen but only for rich people. Juries would often acquit the wealthy for dueling because when they did it, it was seen as honoring a tradition.

    No money or land though? Then you just were brawling.

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  • [–] 36 points 4 weeks ago (17 children)

    Not every duel was to the death. Bring back sword duels to first blood.

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  • [–] 17 points 4 weeks ago (2 children)

    Honestly, just giving everyone one free face punch per year would be a good start.

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    [–] 28 points 4 weeks ago (14 children)

    ITT: Witness the decline of American civilization and the return to barbarism under the guise of freedom to do shit.

    Let me make a counter argument with just two words: Peer pressure.

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    [–] 26 points 4 weeks ago* (3 children)

    Breaking News: Amazon employee and workers rights activist challenged Killgore Union-Strangler to a fight to the death and lost.

    As proof they signed a contract with an official notary present, Mr. Fraudsalot McBribe.

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    [–] 25 points 4 weeks ago (5 children)

    Yes and how do we verify that the dead person consented?

    I shit you not this precisely is why dueling is illegal.

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  • [–] 16 points 4 weeks ago (1 child)

    Generally via public challenges and consent delivered to 3rd party witnesses (seconds) that could verify that the duel took place in an agreed upon manner. It was, in certain times and places, very legal and ritualized.

    The real reason is that it doesn't actually settle disputes. It mostly serves as a nuclear option to elevate arguments, attack someone else's character, or simply a legal loophole for violent sociopaths. See: this crazy example.

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    [–] 15 points 4 weeks ago (8 children)

    I can see the allure because it implies that every conflict could become life-threatening, therefore everybody should weigh their words carefully.

    In reality though it would emphasize the weight of trained duellists higher than those with well-informed convictions. If you cannot speak the truth because well-paid professional duellists could suppress you anytime by threat of duel (or shame of declining it).

    There is a good reason why pretty much every modern civilization stopped this practise: Too much was needlessly lost (see Hamilton, Fermat, many students in the 18th century Europe...).

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  • [–] 6 points 4 weeks ago (7 children)

    It could just be me, but I see no shame at all in declining a duel. Or are we going to go back to when the challenged get to choose the weapon and location? Naked, with whips, to the death would likely make most people trained with a firearm question it. I'm not sure how popular whips are, but I wouldnt consider myself completely inept with them and could probably tag their twig and berries pretty early on in the fight.

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  • [–] 5 points 4 weeks ago* (1 child)

    Refusing to participate in a ritual that is commonly practiced will always make society recoil. As the system gets normalized and the idea of dueling loses its absurdity, refusing to participate in them after commiting to an idea would inevitably send the message that you don't truly believe in your words, at least not enough to "bet everything on it". And not having enough resources/experience to stand your ground would literally cost you your life.

    Besides, we already have dueling in the court of law.

    -I believe your organization has wronged me, I demand retribution

    -I disagree and to double down by inviting you to sue me

    Now do you put your capital and livelyhood at risk to stand your ground or back off?

    • You can not represent yourself (You don't have experience)
    • Your opponent has a whole legal team and doesn't have to sacrifice production to fight you (You lack the resources to fight back)
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  • [–] 11 points 4 weeks ago (2 children)

    So... I have thoughts on this, there is a reason the heyday of formal dueling went away.

    1. The concept that ones honor was an intangable part of ones person is not as guarded as it was in the 1790s.

    2. We know how to make not shit guns.

    The point of the formal duel was to stand your ground against the risk of being hurt, not to purpously maim your opponent. This only worked because smooth bore pistols could be weilded by the common man, and they were unlikely to hit the other person (even if you were practiced). The other part was having your second negotiate with the other party on your behalf and waiting a full day at a minimum before any actions were taken (other than making arrangments for arms, a venue and hopefully a doctor).

    This whole process would simply not work in [current year] because none of the societal factors are in place. People would not patiently wait 24 hours before taking action, honor is not ascribed to be part of ones person these days, and guns work... they shoot where you point them (so skill is a much bigger factor now than luck, which defeats the purpous).

    I so wish as a society we had a conflict resolver that fit a similar role, but thats pure fantasy.

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    [+] 11 points 4 weeks ago (1 child)
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    [–] 10 points 4 weeks ago (1 child)

    lol what no wtf why are you looking for a loophole to kill peeps, you murder hobo

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  • [–] 7 points 4 weeks ago

    Lotta shining intellects in here debating a fucking meme

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  • [–] 7 points 4 weeks ago (1 child)

    I think it’s an Oregon.. not sure. But there’s a state that lets Consenting adults participate in a fist fight as long as a police officer referees it

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    [–] 6 points 4 weeks ago

    In the US Mutual Combat is mostly legal in Washington and Texas, but not to the death

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  • [–] 6 points 4 weeks ago (2 children)

    Ethically speaking, yes. Bodily autonomy. But making it legal? Hmmm that's complicated.

    How do we determine if someone has truly consented? Imagine Mr. Beast organizing "to the death" duels with large prizes. Delusional individuals could get themselves killed when they actually don't want to die. Or even desperate people. How about mental illnesses? How about drunken duels?

    What if someone engages in a duel, but doesn't die? More strain on the healthcare system, the foster care system and the disability benefits side of things

    Listen, I'm all for MAID. But in maid, these factors are all checked out. Meaningful consent is obtained.

    I mean these are things that I can think of first. I haven't given this much thought, so forgive me if there are mistakes lol

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  • People already gamble away their life's savings at casinos. Some people will beat the odds, work their butts off, pay off their house, and manage to save enough for a comfortable retirement...just to get a gambling addiction and end up completely broke 5 years into retirement. A fortune built over a lifetime, meant to provide dignity in their silver years, swallowed up and gone in a moment. There is nothing stopping you today from literally gambling yourself into the gutter, and people do it every day.

    If it were legal, they would certainly gamble their very lives.

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    [–] 5 points 4 weeks ago (1 child)
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    [–] 5 points 4 weeks ago
    [–] 4 points 4 weeks ago* (4 children)

    People, people, please! What's with all this violence? I have a different proposal. How about every year, for one day only...

    (you know where this is going)

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    [–] 4 points 4 weeks ago (5 children)

    So many flaws.

    In the first world, "sorry Timmy, your broken leg will need to wait. Some asshole got himself stabbed in a fight to the death and we need to deal with him first."

    Even in the third world, "sorry Timmy, your missing leg will need to wait. Some rich asshole got himself stabbed in a fight to the death and we're getting paid more to deal with him first."

    Who is responsible for the coroner? Who cleans up the blood? Where do these activities take place? How do you keep the violence from propagating? How do you stop collateral damage? Who is responsible for all of this?

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