Right of Self Defense: Strategies and Tactics in Modern Warfare

By Fouad Sabry

What is Right of Self Defense

The right of self-defense is the right for people to use reasonable 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.

How you will benefit

(I) Insights, and validations about the following topics:

Chapter 1: Right of self-defense

Chapter 2: Trespass

Chapter 3: Defence of property

Chapter 4: Self-defense

Chapter 5: Necessity (criminal law)

Chapter 6: Excuse

Chapter 7: Defense (legal)

Chapter 8: Justifiable homicide

Chapter 9: Castle doctrine

Chapter 10: Duty to retreat

(II) Answering the public top questions about right of self defense.

Who this book is for

Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of Right of Self Defense.

• Language: English
• Publisher: One Billion Knowledgeable
• Release date: Jun 3, 2024

Book preview

Chapter 1: Right of self-defense

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 to use reasonable or defensive force to defend one's own life (self-defense) or the lives of others, including – in certain circumstances – the use of lethal force.

Justification does not transform a criminal use of force into a legitimate one; if the use of force is justified, it cannot be criminal at all.

The earliest theories draw no distinction between protecting one's person and protecting one's possessions. Whether consciously or not, this is based on the Roman Law principle of dominium, according to which any attack on the family or the property it owned was a personal attack on the pater familias – the male head of the household, sole owner of household property, and endowed by law with dominion over all his descendants through the male line, regardless of their age. In the Digest of Justice, the right to self-defense is expressed as the principle vim vi repellere licet (it is authorized to repel force with force) (6th century). Martin Luther's concept of legitimate opposition against a Beerwolf monarch was utilized in the doctrine of the lesser magistrate articulated in the 1550 Magdeburg Confession.

In Leviathan (1651), Hobbes proposed the foundational political theory that distinguishes between a state of nature in which there is no authority and a modern state (using the English phrase self-defense for the first time). Hobbes believes that although some in their natural form may be stronger or more intelligent than others, no one is so strong as to be immune to the fear of violent death, which justifies self-defense as the most important necessity. In the Two Treatises on Government, John Locke explains why a proprietor would surrender their autonomy:

In this condition, his enjoyment of his property is extremely risky and insecure. This makes him willing to leave a condition, however free, which is full of fears and constant dangers; and it is not without reason that he seeks out and is willing to join in society with others, who are already united, or have the intention of uniting, for the mutual preservation of their lives, liberties, and estates, which many refer to collectively under the term property..

Prior to the emergence of national policing, an attack on the family home was either a direct assault on the individuals inside or an indirect assault on their welfare through the deprivation of shelter and/or means of production. As cultures evolved, the connection between a personal assault and property loss decreased, but the prospect of violence remains an important element. As an aspect of sovereignty, Max Weber described a state in his 1918 lecture Politics as a Profession (Politics as a Profession) as an authority that claims the monopoly on the legitimate use of physical force within established territorial borders. Weber, recognizing that the contemporary framework of nations originated from the use of force, argued that the exercise of power through the institutions of government remained vital for effective government at any level, which therefore implies that self-help is limited, if not excluded.

Given the ubiquitous risks in a society full of weapons, modern thinkers view self-defense as a question of moral authority inside the nation to establish the bounds of allegiance to the state and its laws. In contemporary cultures, authorities increasingly delegate or privatize their coercive powers to corporate suppliers of security services in order to complement or replace elements of the power hierarchy. The fact that states no longer claim a monopoly on policing within their borders strengthens the case that people have the right or privilege to use force in self-defense. In fact, modern libertarianism characterizes the vast 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, and in all cases, without exception, justifies all uses of violence resulting from this right, whether in defense of the person or property. Article 12 of the Universal Declaration of Human Rights is applicable here::

No one shall be subject to arbitrary interference with his privacy, family, home, or correspondence, nor shall his honor or