If there is no duel were you have no chance to die, you basically force players who don't want their character to die to avoid dueling all together.
People have to make the choice between bravery and longevity. Heroes can die, and its not like they make the choice before each battle about if they'd like mortality enabled or not. If you want your character to be a hero, you have to deal with the consequences. Shouldn't playing an aggressive or honorable character of any kind carry with it some kind of drawback?