The Origin of Self Defense Laws
One of the most misunderstood areas of self-defense is the law. Many attribute the legal theories of Sir Edward Coke, Chief Justice of England from 1613 to 1616, as the basis for laws such as the Castle Doctrine. However, the origin of these laws go back much farther.
Our laws are based on Judeo-Christian values. These values include the respect for human life, decency, support for traditional family values, love for God, parents, and neighbors. The first of these values came down from Mount Sinai in the form of The Ten Commandments. The commandment most associated with self-defense is “Thou Shall Not Kill”. It is also translated as “Thou Shall Not Murder” which means “the unlawful killing of a person with malice aforethought, or prior intention to kill the victim” Exodus 22 deals with the protection of property home invasion and more, including verses 2-3 in which it says 2 “If a thief is caught breaking in at night and is struck a fatal blow, the defender is not guilty of bloodshed; 3 but if it happens after sunrise, the defender is guilty of bloodshed.” Deuteronomy 19 goes into how treat “anyone who kills a neighbor unintentionally or without malice aforethought”. It also talks about the number of witnesses needed to convict a person.
These are just a few examples of the many laws God provided as guidance to the Israelites in order to setup a stable society as they were leaving bondage in Egypt headed to Jerusalem. Unfortunately, people have a long track record of taking God’s law and trying to add “guardrails” to try keep us in a moral lane. This is evident in the Pharisees at the time Jesus walked the Earth and how thousands of years later we have hundreds of self-defense laws that often miss the mark when it comes to trying to keep us morally straight. For example, someone is breaking into your vehicle in the driveway and you grab your gun to go out and stop them. When confronted, the thief pulls a gun from their waistband and in self-defense you shoot and kill them. Legally you are almost NEVER allowed to use deadly force to protect property. In this scenario, because they pulled a gun, it might be justifiable homicide in the eyes of the law, but is it morally justifiable?
I can’t count the number of times I have seen a news story or social media post where a similar situation unfolded and there are literally hundreds of people professing the actions they would take. It usually included shooting the thief, even if the thief wasn’t actually threatening their life. Is that not premeditated murder? Did you act out of malice, aforethought, or prior intention to kill? In the courtroom, the judge and the jury are going to look at the letter of the law, but God is going to look at your heart.
As I sat down to pen this months training tip entry, I questioned whether or not this topic was a good idea, but when I started to research the topic the answer was clear. My research began in a hotel room in Mount Horeb, Wisconsin while on a training trip. When I googled the origin of The Ten Commandments, the answer came back as “the Ten Commandments were given to Moses by God on Mount Sinai, also known as Mount Horeb.” That is probably not a coincidence! Self-defense is morally justifiable in the Bible, and the laws established by man are an attempt to keep us legally and morally on track. However, as we approach Christmas and celebrate the birth of Jesus, I think it is a good time to look beyond the law, and reflect on how Jesus treated others. Even when justified by law, Jesus chose to preserve life and opted not to throw the first stone! If we all focus on Jesus and his examples, then not only will we remain morally, and most likely legally justified, but society as a whole will be more peaceful.
