Why did the people lose the right to resolve disputes through gun duels?

[her209]

We all know the famous duel between Alexander Hamilton and Aaron Burr. Clearly legal at the time.

What happened to that right? If all parties involved agree beforehand to resolving a dispute through gun duels which may end up fatally for the participants, then why outlaw it?

Also, isn't it a considered an infringement on the 2nd Amendment to do so?

 

[Smoblikat]

Dude.............welcome to 2013. Why are drugs illegal? If the user who is taking them consents to himself then why make it illegal? The answer is that you need to shut up and not ask these sort of questions. They are conditioning us for 1984.

 

[EagleKeeper]

The second is intended to have the right to bear arms (defense)

Are there laws against dueling?

 

[nehalem256]

It was legal in England until 1819

http://en.wikipedia.org/wiki/Ashford_v_Thornton

 

[LunarRay]

We all know the famous duel between Alexander Hamilton and Aaron Burr. Clearly legal at the time.

What happened to that right? If all parties involved agree beforehand to resolving a dispute through gun duels which may end up fatally for the participants, then why outlaw it?

Also, isn't it a considered an infringement on the 2nd Amendment to do so?

I believe it was illegal in both New York and New Jersey at the time. I think they both took great pains to enable saying they'd not had any guns when they arrived at Weehaken (on the Jersey side).

Burr was acquitted of the subsequent treason charges, however [edit] which I believe Jefferson used given the duel 3 years earlier... Actually, charges of murder by dueling and related matters were dismissed before a trial.

The closest I can come to an analogy would be Dr. Kevorkian's cases where both parties agreed to an act that was illegal. He participated to some extent and was found guilty... iow, it was illegal in many States to duel and some were found guilty.

 

[TallBill]

The second is intended to have the right to bear arms (defense)

Are there laws against dueling?

There is UCMJ against it, dunno about federal.

 

[fskimospy]

The second is intended to have the right to bear arms (defense)

Are there laws against dueling?

There are in fact quite a few anti-dueling laws on the books. That and of course the fact that murder is illegal.

http://en.wikipedia.org/wiki/Duel#State_and_territorial_laws_prohibiting_duelling

For more fun information about some crazy duels:
http://www.cracked.com/article_19709_the-5-most-insane-duels-ever-fought.html

 

[nehalem256]

http://en.wikipedia.org/wiki/Trial_by_combat

Because the common law of the Thirteen Colonies separated from that of English when the colonies declared independence in 1776, the English common law in effect at that time remained entrenched in United States federal law and in the law of most states, except where the appropriate American authority (e.g., a state or federal legislature or court) had abolished a given rule. Specifically, even if the British legislature or judiciary changed English common law on a given point, that change is not binding on American authorities.
Because Britain did not abolish wager by battle until Parliament's 1819 response to Ashford v Thornton (1818), and because no court in post-independence United States has addressed the issue, the question of whether trial by combat remains a valid American alternative to civil action remains open, at least in theory. In Forgotten Trial Techniques: The Wager of Battle (ABA Journal vol. 71 [May 1985], p. 66), a parody of hard-boiled pulp fiction by authors such as Raymond Chandler, Donald J. Evans set out the possibility of a trial by battle in the setting of a lawyer's office. In Britain, trial by combat was rejected in 2002 by a magistrate, which rejected the accused's claim that it would still be legal under international human rights legislation.

 

[Mr. Pedantic]

Because it's stupid.

 

[IAteYourMother]

Because it's stupid.

winner.

 

[michal1980]

Because it's stupid.

So if two stupid people want to shot themselves in a duel. I'm all for it.

the result would be a reduction in stupid people.

 

[EagleKeeper]

Yet if the winner was to declare self defense because they we shot st...

 

[Moonbeam]

Unfortunately for some of you, the nanny state actually does know better than some of us.

 

[Hayabusa Rider]

Hey, it's legal to have water in a tub! That means we can drown you and keep you from posting these troll threads!

 

[thraashman]

There are in fact quite a few anti-dueling laws on the books. That and of course the fact that murder is illegal.

http://en.wikipedia.org/wiki/Duel#State_and_territorial_laws_prohibiting_duelling

For more fun information about some crazy duels:
http://www.cracked.com/article_19709_the-5-most-insane-duels-ever-fought.html

From the postings of every gun nut in P&N over the last couple days, those laws violate the second amendment and are unconstitutional.

 

[K1052]

I believe it was illegal in both New York and New Jersey at the time. I think they both took great pains to enable saying they'd not had any guns when they arrived at Weehaken (on the Jersey side).

Burr was acquitted of the charges, however. Actually, charges of related matters were dismissed before the trial.

The closest I can come to an analogy would be Dr. Kevorkian's cases where both parties agreed to an act that was illegal. He participated to some extent and was found guilty... iow, it was illegal in many States to duel and some were found guilty.

Ironically while Hamilton was killed it was Burr who got destroyed.

 

[kage69]

I saw a documentary about that duel and the lead up to it, interesting stuff. I was surprised to find Hamilton was a real dick, and Burr (aside from a few instances of boasting) seemed to be the rational, civil one.




Duels were a right? Fighting over face is infantile, dueling to the death over it is beyond stupid.

 

[DucatiMonster696]

We all know the famous duel between Alexander Hamilton and Aaron Burr. Clearly legal at the time.

What happened to that right? If all parties involved agree beforehand to resolving a dispute through gun duels which may end up fatally for the participants, then why outlaw it?

Also, isn't it a considered an infringement on the 2nd Amendment to do so?

Hey lets bring this fallacy laden argument to the gay marriage debate.

 

[nehalem256]

From the postings of every gun nut in P&N over the last couple days, those laws violate the second amendment and are unconstitutional.

I think it falls under the right to privacy. My duel. My choice.

 

[Atreus21]

From the postings of every gun nut in P&N over the last couple days, those laws violate the second amendment and are unconstitutional.

Anybody got a spare butthurt report form?

 

[irishScott]

Meh, I'd be fine with officially sanctioned duels. Use standardized, issued weapons, have a referee, requires both parties' consent, what's the problem?

Worst case scenario, a stupid person dies. Best case scenario, it serves to patch the holes law enforcement leaves behind.

 

[LunarRay]

Ironically while Hamilton was killed it was Burr who got destroyed.

Burr was a sort of poor political type. I don't think he'd have won the NY governorship even if Hamilton hadn't said a thing in that race.

Hamilton said numerous times he'd not even remembered the issue that got Burr so riled up...

The interesting bit about that duel is that Hamilton wrote before the event that he intended to 'waste' his shot as was common to do. When Burr was confronted by that revelation he said.... "IF true, contemptible"

Jefferson really did try to get rid of Burr in '07 by bringing the entire force of his administration against Burr in the Treason trial... I think they hated each other at the least.

 

[JulesMaximus]

Why did people lose the right to resolve disputes through gun duels?

Because we evolved beyond the level of barbarians?

 

[finglobes]

Every time I read about a 10 yr old kid shot jumping rope in the city by a moronic gang banger with a beef I think "They should just make dueling legal".

 

[K1052]

Burr was a sort of poor political type. I don't think he'd have won the NY governorship even if Hamilton hadn't said a thing in that race.

Hamilton said numerous times he'd not even remembered the issue that got Burr so riled up...

The interesting bit about that duel is that Hamilton wrote before the event that he intended to 'waste' his shot as was common to do. When Burr was confronted by that revelation he said.... "IF true, contemptible"

Jefferson really did try to get rid of Burr in '07 by bringing the entire force of his administration against Burr in the Treason trial... I think they hated each other at the least.

Hamilton had quietly and not so quietly dogged Burr for years, including tipping the 1800 election to Jefferson instead of Burr (who the Federalists considered a lesser evil). Jefferson also figured out that Burr was not to be trusted.

Given the string of schemes, plots, and frauds Burr left in his wake I don't think their assessments of his character were in error.