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NeCede's

Maxim 2.4.8

Whatever one does in defense of his person, that he is considered to have done legally.

Quod quisque ob tutelam corporis sui fecerit, jure id fecisse videtur.

Source: 2 Inst. 590 Difficulty 1/5 — Foundational

Explanation

Self-defense is the first law of nature. The right to defend one's own body and life requires no government permission.

Where this applies

  • A person injures an attacker while defending themselves and is sued for damages.
  • Someone uses force to protect themselves and questions arise about whether it was lawful.

Legal domains

constitutionalproperty

See also

Cite this maxim

NeCede Max. 2.4.8 — Whatever one does in defense of his person, that he is considered to have done legally. — 2 Inst. 590 (Quod quisque ob tutelam corporis sui fecerit, jure id fecisse videtur.)

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