Self defense or defense of others is a positive defense. It gives complete justification when the degree of violence used is equal to the threat faced. Deadly force would only be excused in cases of extreme danger. The defense is not justifiable if the killed thief did not appear to be a physical threat. It is the same if the assailant stops to be a threat, but the defending party continues to attack.
In other countries and in South Africa, the idea of preventive self defense is limited to the forthcoming threat. Preventive self defense is the act of giving the first blow when there is no escape. Experts believe that when violence is unavoidable, the defender must survive by giving the first blow. This is to stop perils to the person.
Justification for self defense cannot be applied if done after the criminal act has taken place. Most victims of physical attacks are not permitted to this defense, especially if they act in revenge. Using force against a robber who is attempting to escape with goods is also not justifiable.
The same rule is implemented when force is used in protecting another from danger. The defendant must have reasons to employ self defense for a third party. Most courts ruled that defense cannot be used in protecting people engaged in an illegal fight. This means that one cannot use this to aid a criminal also.
Self defense is the act of defending:
* one’s property or
* the well being of another from physical harm
The word is defined as any personal defense in connection with a hand to hand defense technique.
The so-called “right of self-defense” is also termed as:
* “own defense”
* “defense of a third person”
* “defense of others”
This is the actual right of the civilians to act on their behalf. This is to engage in violence for the purpose of:
* self-defense of one’s own life or
* the lives of others that includes the use of deadly force
In early theories, there’s no difference between defense of the person and defense of property. It came from the Roman law principle called DOMINIUM. It is where any attack on certain members of the family or property owners are personally defended.
Pater Familias means:
– the sole owner of the entire property that belongs to the household
– the male “head of the household”
– And the one appointed by law, having the authority over his entire descendants, through the male line, no matter what age.
Leviathan Hobbes proposed the foundation political theory. This theory distinguishes between:
* a state of nature – where there’s no authority and
* a modern state
Hobbes believed that though other men are stronger or more intelligent than others by nature, none are so strong. Self defense is man’s highest necessity.
For modern theorists, self defense is one of the moral authorities within the country. This is to set limits onto the submission of the state and the laws given with the invasive dangers. States transfers their powers to corporate providers of security services. This is to increase or restore components within the power chain of command.
The state enhances the people’s right of using violence in their own defense. Modern libertarianism characterizes the majority of laws as interfering with personal independence. The right of self-defense from cruelty is an essential human right.
Through inclusion of one’s family and home, defense recognizes the universal benefit claimed with peace. Laws must declare illegal aggression that can result in loss or injury.
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