Maxim 1.7.6
It is lawful to repel force by force, provided it is done with the moderation of blameless defense, not for the purpose of taking revenge, but to ward off injury.
Vim vi repellere licet, modo fiat moderamine inculpatae tutelae, non ad sumendam vindictam, sed ad propulsandam injuriam.
Source: Co. Litt. 162a; Weisman, 73d
Difficulty 1/5 — Foundational
Explanation
Self-defense is a natural right — but it must be proportionate and defensive, not retaliatory. The force used must match the threat, not exceed it.
Where this applies
- Someone defends themselves with force but uses more force than necessary.
- A person uses proportional force to repel an attacker.
Legal domains
See also
Cite this maxim
NeCede Max. 1.7.6 — It is lawful to repel force by force, provided it is done with the moderation of blameless defense, not for the purpose of taking revenge, but to ward off injury. — Co. Litt. 162a; Weisman, 73d (Vim vi repellere licet, modo fiat moderamine inculpatae tutelae, non ad sumendam vindictam, sed ad propulsandam injuriam.)
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