THE LAW AS TO SELF DEFENCE.

New Zealand Graphic, Volume XX, Issue XIX, 7 May 1898, Page 588

THE LAW AS TO SELF DEFENCE.

The right of self defence is by some ohl writers declared to l»e inherent in nil men by the law of nature. Now these 'natural rights' are all very well, but they are not recognised by the law of Great Britain, simply lieranw they are natural rights. 1 do not (says 'The Family Lawyer") advise any of my readers to act" upon any 'natural right’ that he may think he has. In this particular ease, the 'natural' and the civil law happen to agree; for it is the law that a man may defend himself, his wife, child, or servant, from physical aggression. He may also repel by force a forcible attack upon his property. Having stated these propositions broadly. 1 will proceed, after the manner of lawyers, to narrow them down to their safe and proper limits. When you. or your wife, child, or servant is attacked, or threatened with violence in such a manner as reasonably to lead you to believe that violence is about to be used, you may resist the aggressor. Ami as the best inode of resistance is. very often; to attack, you may lawfully follow the advice given by an old prize-tighter to a pupil. The pupil had been taking boxing lessons, and one day he said to his instructor. ‘I think I shall be able to take cure of myself in a row now." 'Right you are, sir.' said the pugilist, 'but take my advice and always get in the first whack.’ But selfdefence must be moderate. It must not be totally disproportioned to the attack.

For instance, if a hulking ruffian runs at me with a knife. I may shoot him. Hut if he runs at me merely with lists cleinched, and 1 shoot him dead with a revolver I shall probably be hanged by the neck. 1 do not intend you to understand that the law expects a man to be calm and cool and collected in all circumstances. By no means. For instance, if the said burly ruffian rushes at me with clenched fists, evidently meaning mischief. ami I hit him with a heavy stick on the back of the ear, I may kill

him. But 1 ahull not be hanged for that. I had a right to use the stick, and in the circumstances I am not supposed to be cool enough to aim for a spot not likely to be fatal. Again. self-defence* must not develop into revenge. Thus, if ] am threatened with a knife, and by the timely display of a pistol 1 frighten iny assailant so that- he runs away, 1 must not shoot after him. If 1 do I am just as liable as though he had never threatened me, because I shot at him not in self-defence, but by way of punishment or revenge.