Self Defense is the right that any individual has to use reasonable and defensive force in defending one`s life or the lives of others. It includes in other circumstances, using deadly force to achieve this objective. The defense has to be equal and proportional to the actions of the offending party.
• What moral claim do you have on your life and property? Why do you have that claim?
A right is an acceptable claim, assertion or entitlement or declaration of what is due to a rights-holder. For any individual to have the moral right to obtain, get or see to something, there has to be a moral justification or basis for a given claim.
Every individual has a right to life. By being born in the nation, every citizen has a right to be alive. In the case of property, any person who has bought property through their effort and given monetary compensation has a valid and indefeasible claim to the property in question. The moral claim to life and property arises by ownership, and no one has the right to alienate any individual from them.
• Use of Force to defend your person
The use of force is deemed necessary when there is an actual threat to the well being of an individual. The subsequent force applied to contain the situation has to be equal and proportionate to the negative act.
• Use of force to defend another person
A person may decide to put up a defense for another person, especially if they are vulnerable or unable to defend themselves. The force applied should also be equal and proportional to the action complained of.
• Use of force to defend property
Non-deadly force may be used to guard property which is in the owner`s lawful possession if the force used reasonably seems to be necessary to terminate or prevent a criminal intrusion onto, or interfering with, that property.
• What levels of force are appropriate to use?
Non-deadly force is the most appropriate and recommended way to respond during any instance of self-defense. In some circumstances, however, there arises a need to use deadly force in order to ensure the safety of individuals. In such a case, deadly force may be used to contain the situation.
• In the course of self-defense, at what point should the defender stop using force
Force is used to defend an individual in case there is any threat to their life or property. In case the situation does not require the use of force, the defender should not use it. Secondly, if the situation is contained, there is no need to continue using force because it means that the offending party has already been stopped.
• What limitations are there on the use of tools for self-defense?
Individuals can use the different tool during self-defense. However, the weapons used should be proportional to the actions being defended against. They should not, for example, cause bodily harm if the other party`s actions did not cause bodily harm.
• Does someone coming under threat have an obligation to escape so that the use of force is
Yes, the individual has to be ready to defend himself in case there is any threat to their life or well-being.
• Is there a moral obligation to defend oneself or others?
Yes, there is a moral obligation. It is up to an individual to take all diligent steps to ensure their well-being. It is important to note that there is also a moral obligation to defend other people if one has the capability to.
• Describe a situation where self-defense is appropriate according to your position.
In case of a home invasion, the owner may catch the burglar in the act. The owner of the house may put up a fight and depending on what the culprit is armed with, he may retaliate in various ways. It is important that he holds his ground because the burglar does not have good intentions in such a case.
• Describe a situation where self-defense is not appropriate according to your position.
In a case where an individual has been pick-pocketed and catches the thief in the act, and he surrenders, there is no need for self-defense.
• Describe why self-defense is appropriate in one situation and not in another.
Self-defense in the first situation is necessary because there is a threat to the physical being of the owner of the house. Stopping the burglar was necessary. In the second instance, the pickpocket was caught by the individual who managed to stop the act before it got out of hand. In such a case, there is no need for self-defense because the situation is calm.
• What do you think the societal implications of your position on self-defense would be?
My position on self-defense borders on the specific actions being complained of. In this case, the force used in a given situation is determined by the acts that are deemed to be offensive. In society, it will provide a justified way of judging self-defense cases.
Denniston, Lyle. "Analysis: Defining a Right of Self-defense." SCOTUSblog, 21 Sept. 2010, www.scotusblog.com/2008/03/analysis-defining-a-right-of-self-defense/.
Kelsen, Hans. "Collective security and collective self-defense under the Charter of the United Nations." The Use of Force in International Law. Routledge, 2017. 97-110.
Reuters, Thomson. "Self-Defense Overview." Findlaw, 2018, criminal.findlaw.com/criminal-law-basics/self-defense-overview.html.