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Desrtopa comments on Thoughts on moral intuitions - LessWrong
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Personally I'd be okay with the flogging version. Some people are into that sort of thing. As for death... legitimate governments generally consider murder a fairly serious crime, and refuse to enforce contracts which would require illegal activity of the signatories. I'm comfortable with having the libertarian principle superceded by criminal law. The interesting part of the question is: is there any choice a person should be allowed to make about their self or property, where they should not have the option of committing to a specific choice in advance as part of a contract?
I don't know of anyone who's into serious, blood-down-the-back flogging, although I'm not confident there aren't any, but supposing they are, doesn't that render it meaningless as a disincentive?
Even someone who regards the process itself as pleasurable or spiritually satisfying could logically recognize it as inconvenient, or prefer it in certain quantities at certain times. Compare, say, two people making a bet wherein the loser has to eat half a gallon of icecream in one sitting.
Maybe they want to encourage adultery.
Or, perhaps they expect to engage in adultery and feel guilty about it, but want the relationship to continue in such circumstances, so the flogging is a way to discharge those guilty feelings and get on with things.