General Principle of Self-Defence and the Administration of Justice
As a general rule, a person who is assaulted only by bare hands cannot ordinarily invoke, as a lawful defence, the use of a knife or a firearm on the ground of self-defence. This is even more so where both parties are involved in a mutual affray, in which case each may bear criminal responsibility. In such circumstances, it may be necessary for the accused to demonstrate that he had retreated as far as reasonably possible before resorting to lethal force.
The Road to Justice
When one embarks upon the road to justice, two great objectives must always be borne in mind, both of which must be achieved.
The first is that the law itself must be just.
The second is that the law must be administered with fairness.
Both objectives are equally important. Yet, between the two, the more vital consideration may well be that the law must be administered fairly. It is of little use to have laws that are just in themselves if they are not applied with fairness by corrupt judges or by dishonest lawyers in the course of legal proceedings.
A nation may, for a time, endure laws that are strict, severe, or even lacking in mercy, so long as those laws are administered with fairness, for fairness in administration may mitigate the harshness of the law. However, no nation can long endure a legal system that does not provide for an honest and straightforward administration of justice.
This is the essence of “The Road to Justice” by Sir Alfred Denning.
Why Do People Respect the Law?
People do not respect the law merely because they are commanded to obey it, nor solely because they fear punishment. Rather, they respect the law because they understand that it is the proper and right thing to do.
It is true, of course, that there are some wrongdoers who do not recognise obedience to the law as a civic duty. For such persons, penalties and punishment are necessary. But this does not alter the fundamental truth that the great majority of people obey the law because they possess a sense of duty. They recognise that they are under an obligation to respect and comply with the law.