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"One thing has always been true: That book ... or ... that person who can give me an idea or a new slant on an old idea is my friend." - Louis L'Amour


"Ideally, your self-defense will never get physical. Avoiding the situation and running or talking you way out - either of these is a higher order of strategy than winning a physical battle." - Wise Words of Rory Miller, Facing Violence: Chapter 7: after, subparagraph 7.1:medical

"Read not to contradict and confute; nor to believe and take for granted; nor to find talk and discourse; but to weigh and consider..." - Francis Bacon

Warning, Caveat and Note: The postings on this blog are my interpretation of readings, studies and experiences therefore errors and omissions are mine and mine alone. The content surrounding the extracts of books, see bibliography on this blog site, are also mine and mine alone therefore errors and omissions are also mine and mine alone and therefore why I highly recommended one read, study, research and fact find the material for clarity. My effort here is self-clarity toward a fuller understanding of the subject matter. See the bibliography for information on the books.


Note: I will endevor to provide a bibliography and italicize any direct quotes from the materials I use for this blog. If there are mistakes, errors, and/or omissions, I take full responsibility for them as they are mine and mine alone. If you find any mistakes, errors, and/or omissions please comment and let me know along with the correct information and/or sources.

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Is self-defense a fundamental right of people?

Blog Article/Post Caveat (Read First Please: Click the Link)

When I got this question the first knee-jerk response was, “Yea, you do have the right to defend yourself,” but is that really a right and to defend may or may not actually mean self-defense. So, I decided to try and find out if this is actually true or not.

What I found may or may not be accurate since most search engines I use already have search bubbles geared toward my interests as a part of how they work but regardless, the Washington Post article on, “Self-defense is a constitutional right,” says, “Generally speaking, courts rarely have to decide whether there is a constitutional right to self-defense, since all states generally recognize a statutory or common-law right to use force against another person in self-defense.” Of course, as with anything legal, etc., there are constraints to this right. I believe it is the restraints that tend to trip folks up causing thoughts of, “I am defending myself,” when in truth they are breaking the law and so forth.

A constitutional right to self-defense is unlikely to be absolute. Those restraints, accepted limitations, will limit that constitutional aspect of self-defense. Then add in the convoluted constraints such as the one that states, “Self-defense is a defense to the use of force against a person, not an animal.”  Man, things can get muddled very fast and that is the point that Marc MacYoung makes in his book, “In the Name of Self-defense.” This get complicated when you have to defend yourself. 

When the discussion of constitutionality arises it usually refers to the second amendment. That one involves self-defense by the use of “Arms” meaning firearms, etc. - in general (read the second amendment to clarify and validate. In a short nutshell, The right to self-defense and to the means of defending oneself is a basic natural right that grows out of the right to life. The Second Amendment therefore does not grant the people a new right; it merely recognizes the inalienable natural right to self-defense.”

I would then answer the question with caution and the caveat that one find an attorney who specializes in law of self-defense for clarification but in essence I say, “Yes, self-defense is a fundamental right of every person in our society with constraints set by local, state and federal laws, regulations and other such legal requirements.” 

Bibliography (Click the link)
Bibliography:

Benforado, Adam. “Unfair: The New Science of Criminal Injustice.” Crown Publishing. Random House. June 2015

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