- 29 Nov 2015 23:14
#14625992
this topic touches on fundamental the precepts of criminal law and how that has to work, which I think favors dueling being legal. The practicality, imagine if everyone dedicated years of their lives to being passable duelists instead of being doctors, electricians, writers, scientists, and politicians. They now have two skills instead of one, three instead of two, spent chunks of their lives doing martial training instead and we lose skill and spend a lot more time doing a thing that won't contribute anything. Practicality comes into play with consent based governance criminal law theory comes into play with by force based rule.
The social shaming can be prevented by making it deductive rather than inductive, if a duel is the formal act of leaving the protections of society and government, and people start shaming you, then they make themselves vulnerable to the same thing only more so because they are the ones committed to the idea of renouncing the protections of the government or they're not "Men". As well as attempting to get you to break the law or coerce you into breaking the law in such a way would be a very serious crime, I would assume given the severity punishable by death. If a duel is more like jury duty or military service then its possible for social shaming to gain power. Basically if its considered part of the responsibilities of members of society then it can cause social shaming; if it is the act setting those aside for a time then society doesn't come into play like that.