The right to private defence is based on the natural instinct of __________.

The correct answer is 'self-preservation'

Key Points

• The concept of the right to private defence:
  • The right to private defence is a legal provision that allows individuals to protect themselves or others from harm in situations where immediate protection is necessary.
  • It is rooted in the natural instinct of self-preservation, which is the fundamental human drive to protect one’s life, body, and property from harm.
  • This right is not unlimited; it must be exercised within the boundaries of the law and cannot be used as a pretext for excessive or unnecessary violence.
• Legal foundations:
  • In the legal framework, the right to private defence is recognized to ensure individuals can act swiftly to protect themselves when law enforcement authorities are not immediately available.
  • It applies to both the protection of oneself and others, and even extends to the protection of property under certain conditions.
  • This right is subject to restrictions, such as proportionality (the force used must be reasonable and not excessive) and immediacy (the threat must be imminent).

Additional Information

• Explanation of incorrect options:
  • Self-Control: While self-control is an important trait in managing one’s emotions and reactions, it does not form the basis of the right to private defence. In fact, private defence often requires immediate action rather than restraint.
  • Self-Movement: This term does not relate to the concept of private defence. Self-movement refers more to the ability to physically move or act, which is not the foundation for the legal right of private defence.
  • Self-Respect: Though self-respect is a significant aspect of personal dignity, it does not directly pertain to the right to private defence, which is primarily concerned with physical safety and survival.
• Importance of self-preservation:
  • Self-preservation is the most basic human instinct and is universally recognized as a justification for defensive actions.
  • The right to private defence allows individuals to act in accordance with this instinct when faced with immediate harm, ensuring their safety and security.