From: "rastech", [EMAIL PROTECTED]
Hi Neil,
Sir William Blacksone's "Commentaries on the Laws of England" Volume 3, 1st
Edition . .
"The defence of one's self, or the mutual and reciprocal defence of such as
stand in the relations of husband and wife, parent and child, master and
servant. In these cases, if the party himself, or any of these his
relations, be forcibly attacked in his person or *property*, it is lawful
for him to repel force by force; and the breach of the peace, which happens,
is chargable upon him only who began the affray. For the law, in this case,
respects the passions of the human mind; and (when external violence is
offered to a man himself, or those to whom he bears a near connection) makes
it lawful in him to do himself that immediate justice, to which he is
prompted by nature, and which no prudential motives are strong enough to
restrain. It considers that the future process of law is by no means an
adequate remedy for injuries accompanied with force; since it is impossible
to say, to what wanton lengths of rapine or cruelty outrages of this sort
might be carried, unless it were permitted a man immediately to oppose one
violence with another. Self-defence therefore, as it is justly called the
primary law of nature, so it is not, neither can it be in fact, taken away
by the law of society. In the English law particularly it is held an excuse
for breaches of the peace, nay even for homicide itself: but care must be
taken, that the resistance does not exceed the bounds of mere defence and
prevention; for then the defender would himself become an aggressor."
Now, burglary on a persons home, is considered quite rightly, and
particularly during the hours of darkness, as a very serious and violent
act - it is itself a use of force. There can not be time to argue with
intruders as to their intent, because their intent is proved because they
are in your home. They are not there to pass the time in pleasant discussion
about the vagaries of the weather. As a result, you have to consider that
they are there to kill you, which is why a violent reaction, covered by the
natural law of self defence, allows you to use immediate force on the
intruder(s), up to and including killing them.
By the way, if you have never been burgled (I have had that misfortune,
thankfully not a "hot" one), the law quite correctly considers it to be a
crime of violence. It is a totally dreadful experience.
Bob
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