Aggressiveness
This chapter marks a place where the Colonel and I part company. He begins this discussion by saying, “In defense we do not initiate violence. We must give our attacker the vast advantage of striking the first blow, or at least attempting to do so.” He maintains that an aggressive counterattack can overcome the disadvantage of letting the street orc clobber you.
One problem here is that the odds are against you. Real fights often end in 2-3 seconds. In the street, the one who lands the first blow usually wins. If a solid blow to the head does not knock the victim out, at the very least, it stuns him. Then the attacker follows up with as many strikes as necessary to render his prey inert.
Remember, this is likely not your attacker’s first rodeo. He lives by making vicious surprise attacks.
I think Cooper may have worried about legal liability. If the orc starts the fight, then you stand clear of the charge of assault in the eyes of the law. I cannot give you legal advice, but those who have the credentials lean in the other direction.
A lawyer, Dr. Karl Duff, seems to advise that ”a moment of peril or apparent peril” constitutes legal justification for the use of force in self defense.
“. . . [T]he law clearly takes the view that one acting in a moment of peril or apparent peril need not nicely gauge the minimum amount of force to be used. A famous Supreme Court case has said, however, that ‘the law does not require detached reflection in the presence of an upraised knife.’ This, viewed in the light of the principle . . . that the law refuses to deem excessive a defensive act that is not clearly vindictive, would seem at least to allow the exigencies of a real-world confrontation to be considered.” (Dr. Karl J. Duff, Martial Arts and the Law, Ohara Pub., p. 19)
Wim DeMeere’s blog post covers many of the issues involved in legally striking a potential attacker first. (CLICK HERE) For me, it leads right back to an aggressor crossing the lines I mentioned in the previous section.
The following videos assay to shed some light on self defense and the law:
For a brief general discussion from a non-lawyer, CLICK HERE
For a news team’s interview of a lawyer about NY’s self defense laws, CLICK HERE
For a six-minute discussion by a Minnesota lawyer, CLICK HERE
For a Florida lawyer’s three-minute explanation, CLICK HERE
For a Texas lawyer’s five-minute review, CLICK HERE
HOWEVER, do not take anything in this review as legal advice. The responsibility lies with you to consult a competent lawyer and/or the law as it relates to self defense in your jurisdiction.
That said, once you have decided to act in self defense, you must stop the aggressor. You have determined that he means to kill you or cause serious injury. Tim Larkin of Target Focus Training warns against merely causing him pain, which may enrage him. Rather, you need to inflict injury such that he cannot continue his attack.
An aggressive spirit will enable you to do that. Jeff Cooper has given advice on how you may cultivate that spirit.
I think the answer is indignation. . . . These people have no right to prey upon innocent citizens. They have no right to offer you violence. They are bad people, and you are quite justified in resenting their behavior to the point of rage. . . . At this point your life hangs upon your ability to block out all thoughts of your own peril, and to concentrate entirely upon the destruction of your enemy. (p. 21)
A well-honed sense of justice will help you achieve that level of indignation. I have written about this in various discussions about the self defense mindset. For one example, CLICK HERE.
In concluding his chapter on aggression, he ties together the first three principles.
If it is ever your misfortune to be attacked, alertness will have given you a little warning, decisiveness will have given you a proper course to pursue, and if that course is in counterattack, carry it out with everything you’ve got. Be indignant. Be angry. Be aggressive. (p. 21)
This chapter marks a place where the Colonel and I part company. He begins this discussion by saying, “In defense we do not initiate violence. We must give our attacker the vast advantage of striking the first blow, or at least attempting to do so.” He maintains that an aggressive counterattack can overcome the disadvantage of letting the street orc clobber you.
One problem here is that the odds are against you. Real fights often end in 2-3 seconds. In the street, the one who lands the first blow usually wins. If a solid blow to the head does not knock the victim out, at the very least, it stuns him. Then the attacker follows up with as many strikes as necessary to render his prey inert.
Remember, this is likely not your attacker’s first rodeo. He lives by making vicious surprise attacks.
I think Cooper may have worried about legal liability. If the orc starts the fight, then you stand clear of the charge of assault in the eyes of the law. I cannot give you legal advice, but those who have the credentials lean in the other direction.
A lawyer, Dr. Karl Duff, seems to advise that ”a moment of peril or apparent peril” constitutes legal justification for the use of force in self defense.
“. . . [T]he law clearly takes the view that one acting in a moment of peril or apparent peril need not nicely gauge the minimum amount of force to be used. A famous Supreme Court case has said, however, that ‘the law does not require detached reflection in the presence of an upraised knife.’ This, viewed in the light of the principle . . . that the law refuses to deem excessive a defensive act that is not clearly vindictive, would seem at least to allow the exigencies of a real-world confrontation to be considered.” (Dr. Karl J. Duff, Martial Arts and the Law, Ohara Pub., p. 19)
Wim DeMeere’s blog post covers many of the issues involved in legally striking a potential attacker first. (CLICK HERE) For me, it leads right back to an aggressor crossing the lines I mentioned in the previous section.
The following videos assay to shed some light on self defense and the law:
For a brief general discussion from a non-lawyer, CLICK HERE
For a news team’s interview of a lawyer about NY’s self defense laws, CLICK HERE
For a six-minute discussion by a Minnesota lawyer, CLICK HERE
For a Florida lawyer’s three-minute explanation, CLICK HERE
For a Texas lawyer’s five-minute review, CLICK HERE
HOWEVER, do not take anything in this review as legal advice. The responsibility lies with you to consult a competent lawyer and/or the law as it relates to self defense in your jurisdiction.
That said, once you have decided to act in self defense, you must stop the aggressor. You have determined that he means to kill you or cause serious injury. Tim Larkin of Target Focus Training warns against merely causing him pain, which may enrage him. Rather, you need to inflict injury such that he cannot continue his attack.
An aggressive spirit will enable you to do that. Jeff Cooper has given advice on how you may cultivate that spirit.
I think the answer is indignation. . . . These people have no right to prey upon innocent citizens. They have no right to offer you violence. They are bad people, and you are quite justified in resenting their behavior to the point of rage. . . . At this point your life hangs upon your ability to block out all thoughts of your own peril, and to concentrate entirely upon the destruction of your enemy. (p. 21)
A well-honed sense of justice will help you achieve that level of indignation. I have written about this in various discussions about the self defense mindset. For one example, CLICK HERE.
In concluding his chapter on aggression, he ties together the first three principles.
If it is ever your misfortune to be attacked, alertness will have given you a little warning, decisiveness will have given you a proper course to pursue, and if that course is in counterattack, carry it out with everything you’ve got. Be indignant. Be angry. Be aggressive. (p. 21)
1 comment:
Sadaf Khan, I believe your comment is spam, but I'm leaving it up as a demonstration of how you do not even seem to know what this blog is about.
Further, I would invite you to leave off teaching the Q'uran and embrace the Gospel of my Lord and Savior, Jesus Christ.
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