Sibin Thomas, Self Defence

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 Self Defence

Self defence is the repelling of force by force for once on safety. In the ordinary situations the civil government will do that, in the extra ordinary situations the individual have the freedom to defend. One can defend oneself against an unjust in the following situation:

A. the motive must be self defence alone.

B. force must be used at the time of attack.

C. there must be no other way of repelling the attack.

D. no more injury may be inflicted than the necessary.

Self defence is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions, but the interpretation varies widely. To be acquitted of any kind of physical harm-related crime (such as assault and battery and homicide) using the self-defense justification, one must prove legal provocation, meaning that one must prove that he was in a position in which not using self-defense would most likely lead to death or serious injuries. The threat of damage or loss of property alone is not enough. Physical self defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on a large number of parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender.

Rights of self-defense

The most crucial difference between self-defense training for civilian application in a society under rule of law to military combative is the necessity to consider the extent of force permitted in a given situation under the self-defense laws of the applicable jurisdiction. The self-defense laws of modern legislation build on the Roman law principle of dominium where any attack on the members of the family or the property it owned was a personal attack on the Pater families. In Leviathan (1651), Hobbes argues that although some may be stronger or more intelligent than others in their natural state, none are so strong as to be beyond a fear of violent death, which justifies self-defense as the highest necessity. In his 1918 speech Politik als Beruf (Politics as a Vocation), Max Weber defined a state as an authority having the monopoly of the legitimate means of organised violence within defined territorial boundaries. Modern libertarianism characterizes the majority of laws as intrusive to personal autonomy and, in particular, argues that the right of self-defense from coercion (including violence) is a fundamental human right. In this context, note that Article 12 Universal Declaration of Human Rights states: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.