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#90707 - 01/05/03 09:31 AM mea culpa
let's admit that the term was not a "latin" maxim as you imply
If volens isn't an abbreviation of the latin maxim "volenti non fit injuria" [which itself is a handy abbreviation], then it's news to me.
Personally, I have never been much interested in the precise derivation of these abbreviations. They are handy and they work in the company of lawyers and judges and that has always been enough for me. I confess I'm the kind of person who drives a car to work everyday but I've never been curious about what's going on beneath the hood [unless I see smoke].
Nevertheless, your explanation of the actual derivation of "volens" is welcome. I certainly wouldn't want anyone to think "volens" is a latin maxim if it is merely derived from, or inspired by, a latin maxim.
#90708 - 01/05/03 10:06 AM me and milum
At what point does the concept of volens become superceded by clearly criminal activity on a playing field?
We are indebted to Milum for the answer, AW. The key part of the definition he has provided are the words injury relative to that danger. One consents to an injury which one can reasonably foresee.
Some 'rough stuff' is reasonably foreseeable within the rules of the game, but gratuitous or excessive use of force against a player, or attacking anyone who is not a player, is not within the compass of the "volens" maxim. This is true even if "volens" is derived from, and is not itself a latin maxim, as Milum has further elucidated.
A ref is not a player and he has not consented to the risk of injury, AW [at least injury from wilful attack] so I, for one, agree with you. Attacking a ref is a criminal act.
On the other hand, attacking a poster in this forum who wields a term like "volens" with precision, but without understanding its precise historical derivation, is just part of the game. [And I hope it has been as entertaining for others as it has been for me and Milum.]
#90709 - 01/05/03 02:11 PM Re: me and milum
Loc: Birmingham, Alabama
And I hope it has been as entertaining for others as it has been for me and Milum.
Hear hear, Mister Plutarch. But please remind me watch out in the future. A man who gives credit to others as graciously as you do is a very confident man, and confident men bear watching.
Just (mostly) kidding,
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