Ajw71 wrote:
But boxers sometimes commit more harm to an opponent than you can consent to in law?!
No, because it starts off with the winning card that it is a "lawful activity". Boxing has managed (to date) to retain a legal get out of jail card, on the grounds that boxing
per se is a lawful activity. And that legal classification makes all the difference, because even when violence is intentionally inflicted and results in actual bodily harm, wounding or serious bodily harm there is no offence committed if the injury was a foreseeable incident of a lawful activity in which the person injured was participating.
This lawful status was very much a split decision.
There is no intellectual justification making boxing legal though many have tried. It is just it has become widely accepted (though by no means unanimously) as useful to society, and professional boxing rides immune on the back of that (for now). The issue in the case of boxing is simply whether it is a "lawful activity", and in the past, the Courts have on balance held that it is.
It was never a unanimous view. In a venerable 1803 legal tome, referring to violent physical pursuits such as wrestling, prize-fighting and boxing, East said:
"
the latitude given to manly exercises of the nature above described, when conducted merely as diversions among friends, must not be extended to legalise prize-fighting, public boxing matches and the like, which are exhibited for the sake of lucre, and are calculated to draw together a number of idle disorderly people..."
Many would, two centuries later, concede he had a point.
The court commented in Brown:
"
That the court is in such cases making a value-judgment, not dependant
upon any general theory of consent is exposed by the failure of any attempt
to deduce why professional boxing appears to be immune from prosecution.
For money, not recreation or personal improvement, each boxer tries to hurt
the opponent more than he is hurt himself, and aims to end the contest
prematurely by inflicting a brain injury serious enough to make the opponent
unconscious, or temporarily by impairing his central nervous system through
a blow to the midriff, or cutting his skin to a degree which would ordinarily
be well within the scope of section 20. The boxers display skill, strength and
courage, but nobody pretends that they do good to themselves or others. The
onlookers derive entertainment, but none of the physical and moral benefits
which have been seen as the fruits of engagement in manly sports. I intend no
disrespect to the valuable judgment of McInearny J. in Pallante v. Stadiums Pty.
1976] V.R. 331[an Australian decision] when I say that the heroic efforts of that
learned judge to arrive at an intellectually satisfying account of the apparent immunity
of professional boxing from criminal process have convinced me that the task is
impossible. It is in my judgment best to regard this as another special situation
which for the time being stands outside the ordinary law of violence because
society chooses to tolerate it."
