Oh yea, after all this, to this point, you have to wonder why it was not provided at the very start but now that you have your interests primed; now is the time for clarification because it isn’t what folks think it is especially in the martial disciplines for defense-protection (self-defense).
Caveat: I am not an attorney or lawyer (yes, some differentiate the terms) and this is not, none of this book, a legal or legally valid source of legal information and/or advice but it is meant to continue to prime your curiosity pump so you go to those places that will speak to the real and authentic legal term of, “DEFENSE, SELF-DEFENSE.”
So, what is self-defense as I perceive it, “It is a legal term!” It is not a model of martial arts training and practice and it is a term misunderstood and misused by the martial arts and karate self-defense industry. Yes, an industry because most of what is taught under the misused term is not self-defense except in the very narrow sense that when one applies most martial self-defense they are applying the art of fighting illegally thus now requiring a defense of self-defense.
Before I go on people really do need a primer or a prerequisite to the legal term of self-defense. Since each city, county and state tend to define that legal term differently one really has to seek out the expert advice of an attorney who has experience defending people using the self-defense, defense. Meanwhile, to give people a greater idea of what self-defense really is the following, very fundamental and very general, site will explain what it is generally but remember, YOU MUST SEEK OUT LEGAL EXPERT ADVICE, so use this site strictly as an academic exercise that allows you to come up with truly relevant and intelligent questions to ask said attorney. Then, make the change, take the plunge and modify your teachings and training to remain within the legal defined defense-protection teachings for true defense, self-defense.
Then go to the bibliography and read Marc MacYoung’s books on the subject then Rory Miller’s books on the subject then all the others listed therein to start your education. This is a subject that CANNOT be pigeon holed into a single all encompassing totally complete response to applying defense-protection skills to safely defend, self-defense legally. No one and I mean NO ONE has all the answers and even some legal professionals don’t have all the answers but do you want to enter the legal system without those tools to allow you to properly defend, self-defense. Also, even if what you do doesn’t trigger the self-defense, defense, there are other legal terms that will be used against you to prosecute and sue so that too makes a difference when you teach, train and apply that awesome all-in-one martial art defense-protection stuff.
Le me play devils advocate for a moment, let me define the term in two ways. First, is the customary definition you might find in a dictionary then, second, is the definition you will find in a legal dictionary.
Legal Definition(general, not complete or comprehensive):
Defense, Self-Defense: A defense to certain criminal charges involving force (e.g. murder). Use of force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances. Force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary to prevent death or great bodily harm. ... (here the legal definition continues in the site "Lectric Law Library."
An affirmative defense (as to a murder charge) alleging that the defendant used force necessarily to protect himself or herself because of a reasonable belief that the other party intended to inflict great bodily harm or death.
Dictionary Definition:
Self-Defense is a countermeasure that involves defending the health and well-being of oneself from 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.
The act of defending oneself, one's property, or a close relative.
Skills that make you capable of protecting yourself during an attack.
The defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime.
Defense of oneself when physically attacked: took a course in self-defense.
Defense of what belongs to oneself, as one's works or reputation.
Law the use of force against another person as permitted by the law when that person is perceived as presenting an immediate or imminent threat to one's own life or safety.
Now, how I see it as a term used in martial art and karate training and practices, I.e., self-defense is both a generally defined methodology whose goal is preparation of individuals to defend and protect within the laws definition and use of defense, self-defense. We as individuals facing any form of threat, aggression or violence can take actions to defend what belongs to us, what one does to support and survive and one’s reputation; in that action we look to the legal meaning of self-defense to ensure we train, practice and apply proper defenses with appropriate force to remain socially and legally within those boundaries. The defense-protections taught in martial arts and karate are those acts or actions of defending much like legally defending our country or speaking out in defense of justice or quickly jumping to the defense of a family member whereby we avoid, deescalate or escape safely from danger or attack of psychological or physical nature. This includes actions necessary as mandated by the law to defend oneself, one’s family or close relative, one’s property, etc. This is not legal advice but something one can copy and take to expert legal sources to evaluate and change to ensure legal correctness.
In the end there is enough to imply that the use of self-defense, once its intent is defined as either social in nature or a legal determination, could be used in the martial arts self-defense industry and yet one can see that most of the definitions direct you to the law and its legal use thus creating confusion and misunderstanding. In defense-protection training there is a definite connection to aggression and violence with an expected result of grave harm and death making its use as associated to how defense-protection is taught a legal issue hands down therefore making its use inadvisable at the very least and dangerous at the other end of that spectrum. It would be safer to all concerned parties to remove and keep away the use of self-defense in the defense-protection field of martial arts and karate.
This brings to mind the use of terms such as self-defense so I quote, “On Articulation: it doesn't matter what you think the word means, you will be judged by these established legal definitions. It is up to you to know the definitions of these words and tailor your actions accordingly. That's because just one or two ill chosen words will totally blow your claim of self-defense out of the water.” - Marc MacYoung, No Nonsense Self-Defense
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