Brother John said:
But isn't it the case that you merely need to believe that the danger is believable, immanent and unavoidable? If these criteria are met isn't proactively confronting the wouldbe assailant ok?
It also matters *why* you think the threat is believable, imminent, and unavoidable (this one gets most people). Just because you're paranoid and think everyone within 3 feet of you is going to attack doesn't mean you can go around beating people up. If the "average" person would think the threat is believable then you'd probably be OK. I'm not a fan of preemptive strikes simply because the threat is usually avoidable.
The "unavoidable" part gets most people (usually men) because they don't simply walk away when in a confrontation. It gets to be a battle of egos. If you have the chance to walk away and don't, your claim of self-defense is severely hurt. It doesn't matter if he punches you, pushes you, or throws his beer in your face. If you can simply disengage by moving away and don't, you're "fighting" instead of "acting in self-defense."
My definitions are "fighting" is an act of punishment or domination. People "fighting" are simply trying to hurt the other, plain and simple. "Self-defense" is an act of retreat and survival. When acting in "self-defense" your goal is simply to disengage in the least damaging way possible.
Using these definitions, it's *never* OK to fight. There is always another recourse to settle disputes. The law punishes people who fight, not people who act in self-defense.
A word about "self-defense." Self-defense is not "striking back because he hit first." If he hits you and walks away, it is *not* self defense to attack him and in doing so you can be sued or put in jail. You have become the attacker. Self-defense, as far as the law is concerned, is putting forth enough energy to stop the current attack only. Self-defense is not an act of dealing justice. It is purely an act to ensure your survival.
WhiteBirch