Right of self-defense

self-defensereasonable forcedefense of othersself defenseself-defenceright of self-defenceself defenceright to self-defenseself-preservationclaim of self-defense
This article and Defense of property deal with the legal concept of "justified" acts that might otherwise be illegal.wikipedia
173 Related Articles

Self-defense

self-defenceself defenseself defence
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable force or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including –in certain circumstances– the use of deadly force.
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.

Excuse

exculpationExcuse (legal)justification
If defendant uses defensive force because of such a perception, and the perception is not reasonable, the defendant may have an "imperfect self-defense" as an excuse.
For example, the willingness to defend oneself and others, or property from injury may benefit society at large.

Imperfect self-defense

self-defense
If defendant uses defensive force because of such a perception, and the perception is not reasonable, the defendant may have an "imperfect self-defense" as an excuse.

Beerwolf

Another early application of this was Martin Luther's concept of justified resistance against a Beerwolf ruler, which was used in the doctrine of the lesser magistrate propounded in the 1550 Magdeburg Confession.
The concept of Beerwolf marked Luther's final, and most extreme, position on resistance theory, as it relied on natural law (specifically, in a similar manner to what would later be called Hobbes' right to self-preservation) instead of earlier and more limited rights to resistance that Luther had accepted as flowing from German constitutional law.

Civil and political rights

civil rightscivil rights activistpolitical rights
As a resolution of this apparent paradox and in defiance of Hohfeld, Robert Nozick asserted that there are no positive civil rights, only rights to property and the right of autonomy.
Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.

Ossian Sweet

Dr. Ossian SweetDr. SweetSweet segregation case
He is known for being charged with murder in 1925 after he and his friends used armed self-defense against a hostile white crowd protesting after Sweet moved into their neighborhood.

Self-defence in English law

self-defencecommon law rights to self-defensedefensive
Where this power is lawfully exercised, the citizen may use reasonable force and other reasonable means to effect it.

Pikuach nefesh

generally required to transgress the commandment when a life is on the linelife and deathmandates
Defense of others is called pikuach nefesh in Jewish law.

People v. La Voie

In People v. La Voie, Supreme Court of Colorado, 395 P.2d 1001 (1964), The court wrote, ''"When a person has reasonable grounds for believing, and does in fact actually believe, that danger of his being killed, or of receiving great bodily harm, is imminent, he may act on such appearances and defend himself, even to the extent of taking human life when necessary, although it may turn out that the appearances were false, or although he may have been mistaken as to the extent of the real actual danger."''
The case is illustrative of the legal concept of a perfect self-defense.

Deadly force

lethal forceshoot to killshoot-to-kill
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable force or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including –in certain circumstances– the use of deadly force.

Justification (jurisprudence)

justificationjustifiedjustifiable
If a defendant uses defensive force because of a threat of deadly or grievous harm by the other person, or a reasonable perception of such harm, the defendant is said to have a "perfect self-defense" justification.

Civil defense

civil defencecivil protectioncivil protection service
The early theories make no distinction between defense of the person and defense of property.

Roman law

RomanRoman civil lawlaw
Whether consciously or not, this builds 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 familias – the male head of the household, sole owner of all property belonging to the household, and endowed by law with dominion over all his descendants through the male line no matter their age.

Pater familias

paterfamiliaspatria potestashead of family
Whether consciously or not, this builds 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 familias – the male head of the household, sole owner of all property belonging to the household, and endowed by law with dominion over all his descendants through the male line no matter their age.

Digest (Roman law)

DigestPandectsThe Digest
The right to self-defense is phrased as the principle of vim vi repellere licet ("it is permitted to repel force by force") in the Digest of Justitian (6th century).

Martin Luther

LutherLutheranLuther, Martin
Another early application of this was Martin Luther's concept of justified resistance against a Beerwolf ruler, which was used in the doctrine of the lesser magistrate propounded in the 1550 Magdeburg Confession.

Lesser magistrate

doctrine of the lesser magistratesubordinate powers
Another early application of this was Martin Luther's concept of justified resistance against a Beerwolf ruler, which was used in the doctrine of the lesser magistrate propounded in the 1550 Magdeburg Confession.

Magdeburg Confession

MagdeburgMagdeburg of 1550
Another early application of this was Martin Luther's concept of justified resistance against a Beerwolf ruler, which was used in the doctrine of the lesser magistrate propounded in the 1550 Magdeburg Confession.

Leviathan (Hobbes book)

LeviathanLeviathan (book)Nasty, brutish, and short
In Leviathan (1651), Hobbes (using the English term self-defense for the first time) proposed the foundation political theory that distinguishes between a state of nature where there is no authority and a modern state.

Thomas Hobbes

HobbesHobbesianHobbes, Thomas
In Leviathan (1651), Hobbes (using the English term self-defense for the first time) proposed the foundation political theory that distinguishes between a state of nature where there is no authority and a modern state.

State of nature

natural statenatural condition of mankindnatural man
In Leviathan (1651), Hobbes (using the English term self-defense for the first time) proposed the foundation political theory that distinguishes between a state of nature where there is no authority and a modern state.

Two Treatises of Government

Second Treatise of GovernmentSecond Treatise on GovernmentSecond Treatise on Civil Government
In the Two Treatises of Government, John Locke asserts the reason why an owner would give up their autonomy:

John Locke

LockeLockeanJ Locke
In the Two Treatises of Government, John Locke asserts the reason why an owner would give up their autonomy: