Force (law) in the context of "Right of conquest"

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⭐ Core Definition: Force (law)

In law, force means lawful violence, or lawful compulsion. "Forced entry" is an expression falling under the category of unlawful violence; "in force" or "forced sale" would be examples of expressions in the category of lawful compulsion.

When something is said to have been done "by force", it usually implies that it was done by actual or threatened violence ("might"), not necessarily by legal authority ("right").

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Force (law) in the context of Coercion

Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime.

Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the options available to the coerced party.

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Force (law) in the context of Monopoly on violence

In political philosophy, a monopoly on violence or monopoly on the legal use of force is the property of a polity that is the only entity in its jurisdiction to legitimately use force, and thus the supreme authority of that area.

While the monopoly on violence as the defining conception of the state was first described in sociology by Max Weber in his essay Politics as a Vocation (1919), the monopoly of the legitimate use of physical force is a core concept of modern public law, which goes back to French jurist and political philosopher Jean Bodin's 1576 work Les Six livres de la République and English philosopher Thomas Hobbes's 1651 book Leviathan. Weber claims that the state is the "only human Gemeinschaft which lays claim to the monopoly on the legitimate use of physical force. As such, states can resort to coercive means such as incarceration, expropriation, humiliation, and death threats to obtain the population's compliance with its rule and thus maintain order. However, this monopoly is limited to a certain geographical area, and in fact this limitation to a particular area is one of the things that defines a state." In other words, Weber describes the state as any organization that succeeds in holding the exclusive right to use, threaten, or authorize physical force against residents of its territory. Such a monopoly, according to Weber, must occur via a process of legitimation.

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Force (law) in the context of Assault

In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

Generally, the common law definition is the same in criminal and tort law.

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Force (law) in the context of Duress (contract law)

Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime.

Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. Although the concepts of coercion and persuasion are similar, various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the options available to the coerced party.

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Force (law) in the context of Violent crime

A violent crime, violent felony, crime of violence or crime of a violent nature is a crime in which an offender or perpetrator uses or threatens to use harmful force upon a victim. This entails both crimes in which the violent act is the objective, such as murder, assault, rape and assassination, as well as crimes in which violence is used as a method of coercion or show of force, such as robbery, extortion and terrorism. Violent crimes may, or may not, be committed with weapons. Depending on the jurisdiction, violent crimes may be regarded with varying severities, ranging from harassment, manslaughter, to murder.

Violent criminals who use hostile acts towards others include killers, active shooters, kidnappers, robbers, sex offenders, burglars, arsonists and torturers. Another category of violent criminals are pirates and hijackers of cars or aircraft. Criminal organizations, gangsters and drug cartels frequently employ violent criminals in their group, usually as enforcers or hitmen. Violent criminals often display characteristics such as low anger threshold, disinhibition/absence of impulsivity control, strong dominance/territorial instinct, antisocial personality, psychological/mental health issues and aggressive tendencies which enable them to carry out usually violent acts.

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Force (law) in the context of Initiation of force

The non-aggression principle (NAP) is a concept in which "aggression" – defined as initiating or threatening any forceful interference with an individual, their property or their agreements (contracts) – is illegitimate and should be prohibited. Interpretations of the NAP vary, particularly concerning issues like intellectual property, force, and abortion.

Like the Golden Rule, the Non-Aggression Principle follows an ethics of reciprocity, in the sense that whether a person's action is permissible, depends upon the preceding actions of others.

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Force (law) in the context of Self-defence

Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions.

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