Producing such informative sentences on mixed-martial-arts-training was not an overnight achievement. Lots of hard work and sweat was also put in it.
Martial Arts Book Review: Martial Arts and the Law by Dr. Karl J. Duff
Being the author of several books on the martial arts and fighting, I am always looking for books of exceptional quality to add to my library. If I have a book in my library, it's definitely worth owning. One such book is Dr. Karl J. Duff?s, "Martial Arts and the Law."
What I will do in this review is give you a summary of some of the key points that the author brings up concerning the possible criminal and civil legalities involved if and when you may have to use the skills you have learned in an actual self-defense situation.
One of the key things to remember in any self-defense situation is that even if you are 100% in the right that may not be the case in the eyes of the legal system and/or in a civil case. What I am presenting here is a review of the author?s book and therefore his opinions on the matter. Although we both share some of the same ideas, I fully admit that my opinions on a lot of what is included in this book are quite different from those of the author. You need to read the material presented, do some research of your own, and then form your own opinion.
1. To Fight or Not To Fight:
The author brings up a few good points in this section concerning the amount of force used by the trained defender in a self-defense situation. From a legal standpoint, the amount of force used should be only that which is needed to stop the attacker from striking you. For example; if a drunk came up to a woman and merely put his arm around her and perhaps made some off-color remark, it wouldn?t be appropriate to break his knee. However, if the same individual attempted to sexually assault the same woman, then breaking his knee could be construed as an appropriate response.
As always, you should try to avoid any conceivable situation where you might be confronted by an attacker. However, as we all know, this is not entirely possible or realistic, as an attacker can literally come from anywhere, although there are a lot of situations that can be avoided.
2. What is Self-Defense:
As the author clearly states in this section, words alone can not justify an attack on your part as the defender. This is very good advice not only from a legal standpoint, but also as common sense. Just think about how many times you yourself have gotten bent out of shape and ready to fight someone over something that they said. Now I will be the first to agree that there are some things that may be said that do demand a physical response. However, there are many more that don?t.
Another good point that is brought out here is the basic legal premise that if you have a legal right to be somewhere, then you have no legal obligation to retreat in order to avoid a confrontation. Now the author feels that as a martial artist that you do have an obligation to avoid a confrontation so that you should attempt to retreat from a conformation even though legally you are not obligated to do so.
This section also included the author?s rendition of a Self-Defense Formula, which are the various things that need to be present in order for you to be able to legally and justifiably use self-defense against an attacker. The author also includes things that should be considered if you do use your skills to defend yourself. They include such things as:
a. The level of force used, lethal and non-lethal, maiming techniques, restraining techniques, etc.
b. The consequences of using a disproportionate amount of force.
c. The duration of your defense, etc.
This section concludes with 18 different scenarios that demonstrate various right and wrong examples of ways to handle and not handle various attacks by an aggressive attacker. When looking at these examples one must remember that it is not the techniques themselves that the author is trying to teach you, but rather the response behind each situation, not the individual technique.
3. Defense of Third Persons:
The law has clearly states that person may defend a third-party. However, when one does so they are still bound by the same laws that they would be when defending themselves. Therefore, the defender who is defending a third-party has essentially taken the other person?s place.
The author has, just like the previous section, demonstrated 5 different scenarios to be used as examples of defending a third-party and the amount of force that is appropriate in each case.
4. Cases, Judges, Karate and Self-Defense:
The author cites several legal cases where a supposed martial artist was involved. These make for very interesting reading and for some profound thought provoking moments.
5. Tournaments and Liabilities:
The author brings up some very valid points that anyone who has even the smallest tournament in a dojo needs to address in order to keep themselves out of hot water and out of the court system.
One thing that I myself have learned and unfortunately it was the hard way is always consult an attorney and have him/her on retainer.
Remember to always CYA (cover your ass)!
6. Karate Weapons and the Law:
This section is rather brief and covers mainly the nunchukas and shuriken or throwing stars. A few legal cases are cited in this section and briefly explained.
7. The Verdict:
In this final section, the author gives some very practical advice to those people who may find themselves in a situation where the need to defend themselves is imminent. That advice is basically as follows:
a. If at all possible, avoid a confrontation.
b. If unable to avoid it, to use only that amount of force that is necessary to stop the attack.
c. When training, train your responses to match those of your potential attacker.
d. Research the laws where you live and if possible find existing cases to examine.
Although I didn?t necessarily agree to the letter with everything the author had to say, I fully enjoyed this book and found it to be a very thought provoking piece of work that should be read by anyone interested in protecting themselves from a legal assault as well as an actual physical assault.
Shawn Kovacich has been practicing the martial arts for over 25 years and currently holds the rank of 4th degree (Yodan) black belt in both Karate and Tae Kwon Do. Shawn has also competed in such prestigious full-contact bare knuckle karate competitions as the Shidokan Open and the Sabaki Challenge, among others. In addition to his many accomplishments, Shawn is also a two time world record holder for endurance high kicking as certified by the Guinness Book of World Records. Shawn is the author of the highly acclaimed Achieving Kicking Excellence? series and can be reached via his web site at: http://www.kickingbooks.com
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