Should Boxing Be Banned as a Sport?
Violence in Sport- Should boxing be Legal?
Brain damage, broken limbs, ruptured organs, severe lacerations- these are just some of the possible injuries a boxer may sustain throughout the course of an often short career. In any other circumstances the Crimes Act 1900 (NSW) would categorise the infliction of these types of injuries as an assault occasioning actual bodily harm or even grievous bodily harm. Boxing has to date largely maintained its privileged status and thus defied the law. Perhaps this is a testament to a sport which demonstrates the need for skill and mental fortitude as well as having perceived societal benefits which have helped maintain public policy protection. Statutory provisions have protected boxing from the harshness of the common law throughout the twentieth century. However mounting medical evidence and changing social mores have in recent times called its legitimacy as a sport into question. This essay will first look at the history of boxing and how its rules has developed through the common law, before focusing on the legal issues surrounding the sport and analysing whether on the basis of changing scientific and socio-political attitudes boxing should be banned.
A historical analysis reveals that a combination of factors including the socially approved athletic nature of the sport and evolution in the rules have protected the status of boxing as being in the public interest and facilitated its cultural acceptance. In the 1866 case of R v Young a participant in a sparring bout with gloves died from the injuries sustained in the fight. It was held that sparring with gloves was not inherently dangerous and it was accepted that a display of skilled sparring was not illegal. While an eighteenth century case may be judged as unpersuasive the strength and dexterity demonstrated in the spectacle of boxing is still a pertinent issue in its legality as a sport.
Before judges and moralists began criticising boxing, it was
Brain damage, broken limbs, ruptured organs, severe lacerations- these are just some of the possible injuries a boxer may sustain throughout the course of an often short career. In any other circumstances the Crimes Act 1900 (NSW) would categorise the infliction of these types of injuries as an assault occasioning actual bodily harm or even grievous bodily harm. Boxing has to date largely maintained its privileged status and thus defied the law. Perhaps this is a testament to a sport which demonstrates the need for skill and mental fortitude as well as having perceived societal benefits which have helped maintain public policy protection. Statutory provisions have protected boxing from the harshness of the common law throughout the twentieth century. However mounting medical evidence and changing social mores have in recent times called its legitimacy as a sport into question. This essay will first look at the history of boxing and how its rules has developed through the common law, before focusing on the legal issues surrounding the sport and analysing whether on the basis of changing scientific and socio-political attitudes boxing should be banned.
A historical analysis reveals that a combination of factors including the socially approved athletic nature of the sport and evolution in the rules have protected the status of boxing as being in the public interest and facilitated its cultural acceptance. In the 1866 case of R v Young a participant in a sparring bout with gloves died from the injuries sustained in the fight. It was held that sparring with gloves was not inherently dangerous and it was accepted that a display of skilled sparring was not illegal. While an eighteenth century case may be judged as unpersuasive the strength and dexterity demonstrated in the spectacle of boxing is still a pertinent issue in its legality as a sport.
Before judges and moralists began criticising boxing, it was
Bibliography: Articles/Books/Reports Beran, Roy and Joshua Beran, “The Law(s) of the Ring: Boxing and the Law” (2009) 16(4) Journal of Law and Medicine 684. Gendall, David, “The Sport of Boxing: Freedom Versus Social Constraint” (1997) 5 Waikato Law Review 5. Gunn, Michael and David Ormerod, “The Legality of Boxing” (1995) 15 Legal Studies 181. Lundberg, George, “Boxing Should Be Banned in Civilised Countries” (1983) 249(2) Journal of the American Medical Association” 250. Pearn, J, “Boxing, Brains and Balls” (2000) 1 Medicine Today 146. Sheldon, Tony “Boxing Should be Banned Unless Rules are Tightened, Advises Dutch Body” (2003) 326 British Medical Journal 1186. Yeo, Stanley, “Determining Consent in Body Contact Sport” (1998) 6 Tort Law Review 199. Cases Attorney-General Reference (No 6 of 1980) [1981] ALL ER 1057. R v Coney (1882) 8 QBD 534. R v Orton (1878) 14 Cox CC 226. R v Roberts (1901) 2 KB 117. R v Young (1866) 10 Cox 371.