Understanding Self-Defense and Its Legal Requirements
Self-Defense: Requirements by the Aggression
1. Must be an unjust aggression: If a terrorist has kidnapped people and begins to shoot, but the terrorist kills a policeman, it can be argued that he killed him because he shot first. One cannot claim self-defense in this case because the aggression was just. I can only plead self-defense in the event of a terrorist or assailant.
2. Must be actual or imminent: The aggression must be about to occur, which means that I do not have to wait for something wrong to happen just to defend myself. The injury cannot be overstated; if it is, it would be considered revenge.
3. The injury must be physical: I cannot engage in self-defense if someone insults me; in that case, I should report it for libel or slander, as I can defend myself in court.
4. Must be a serious assault: I cannot plead self-defense if there is a grave and serious assault.
The Defense Must Have Certain Requirements
1. No other way to avoid evil: Defense is the only or last available means. For example, if I’m biking and someone attempts to assault me, I can escape.
2. Proportionality of means: The means I use to defend myself must be proportionate to the aggression. If I have two options, one that injures and another that kills, I should use the one that only injures.
Revenge is conducted privately, while if the state is involved, it is called vindicta.
Requirements for Jus ad Bellum
1. Just cause: I was attacked, invaded, or blackmailed, etc.
2. Exhaust peaceful means: Diplomats are as important as preventing wars. A day of war costs more than keeping diplomats in Chile for 20 years. Diplomats are fundamental, like an army, as insurance. An army does not fulfill its function when there is war; it does so when there is no war (as the rival country is afraid to fight the army).
If arbitration is common, we must resort to the referee before taking up arms. The most famous arbitration to which Chile is submitted is Pope John Paul II, who favored arbitration rather than mediation.
3. Declared by legitimate authority: In Chile, the war is declared by the President with the consent of Congress.
4. Right intention.
5. The evils of war must be less than the evils of aggression: If I produce a war in my country to avoid a problem of 10, which results in an evil of 100, then the war is unjust. It is not morally licit to enter a war.
6. Chances of success: If I have no chance of success, then I should not declare war.
In Bellum Requirements
- Means employed must be lawful and proportionate (not doing more than necessary).
- Respect for the civilian population (there is a civilian-military distinction).
- Humane treatment of prisoners.
- Outlaw looting and destruction of cities; all actions that do not lead to victory are prohibited.
- Support organizations providing care for the injured or civilians.
- Excluding demands for unconditional surrender.
- Victory in war has been won by the righteous.
Death Penalty
It is appropriate to punish those who commit particularly serious crimes.
- Produces a demonstration effect.
- Serves as a measure of social defense, as people remain in prison as a threat to society.
- Contributes to the improvement of the offender; the prospect of receiving the death penalty may lead to repentance and a change in behavior.
- Acts as a means of social vengeance; for particularly serious crimes, corresponding sanctions are necessary.
- At some point, it was the only punishment system.
Freedom of Thought
Freedom of thought implies the absence of coercion when forming an opinion about the cosmos.
Experience something as a value and try something as a value.
The power of a father governs children who are free but not equal to the father, while slaves are neither free nor equal to their parent.
Ruler’s power: political power is characterized by being exercised over free and equal individuals, just as the governor does.
According to Plato, the difference between the father and the ruler is only quantitative, as the power they wield is the same.
The human being has no value in terms of another thing but stands on its own. When I kill someone, I take away half of their life and use them only as a means to an end.
Principle of Subsidiarity: Negative: do not state what can be done by the intermediate state. Positive: if the community is unwilling or unable to do something, it should help the state.
From a legal perspective, rights are relations of three terms:
– Who has the right (active subject)
– Who is obligated to act or not act (passive subject)
– Obligations or securities, which may be a contract, law, or custom.
Killing is not the same as letting die.