Should dueling--with a very clearly defined set of rules to avoid random public duels--be legalized?OK this topic begs the obvious question, did someone mess in your cherios recently Chris (I sure hope it is not me)?
I don't think it is a bad Idea. I also do not oppose champions. For example, how would a person confined to a wheelchair seek retribution, if a violent contest is desired by both parties? However, it should not be legal to pay a champion. If you need one, turn to your friends and family.
Should it be some other form of contest rather then violence? How about letting the duelist choose the contest? They could agree on fists, chess, foils, cabinet making, knives, napkin folding, quarterstaffs, etc. Whatever they agree on. I do not think firearms, other then in the form of target shooting contest, should be allowed.
Also, it should not be allowed to be to the death. There is simply not a reason for this in my mind. If you are seeking justice, either by allowing a contest to determine the outcome of a legal dispute, or just seeking to save face, first blood is all that should really be necessary.
What do we do if someone dies? Treat it like a
possible crime, and investigate. Allow the authorities as well as a panel of experts on the particular type of contest, investigate to determine if it was accidental or if there was intent. You can fence someone and intentionally kill them, but can also fence someone and, have that person accidentally die (because they mistakenly stepped into you attack, or something similar).
A violent contest should include a waiver of all rights to sue for injuries and should be considered a violent risk that the participants are willingly partaking it with a full understanding that accidental maiming or death could result. If an inquiry determines that a death or maiming was not intentional, then there should be no ability to take legal action taken against the victor.
I really don't see a problem with dueling. In a Duel, people are willing participants, who voluntarily choose to involve themselves.