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there is an old Roman doctrine called volenti non fit injuria. It means that there is no legal harm for informed participants. From what I understand, this is good law for much of the world, especially in Latin America. In Mexico, no one calls for reform if a rally car misses its turn and plows through some spectators. They knew what they were getting into. A Mexican tour guide once explained it to me thusly. "If you don't come back when we blow our whistle, we will leave you out here for the next boat. Because in Mexico we don't sue nobody." (Here being snorkeling on a barren island in the Sea of Cortez).
At some point in the past American lawmakers generally shied away from this doctrine. (I think there may have been a few too many shootouts at high noon that soured lawmaker's stomach for it).
The American system largely abandons volenti non fit injuria in favor of the wierd system of licenses and sanctioned events.
Which system is better?