Feedback | 9 August 2003

Comment on Pre-emptive force (02/08/2003)

Perhaps it is the accent and perfect diction, but the British often appear to Americans to be of superior intelligence. That is, until we learn of some curious incident which quells such thought instantly. Take the Tony Martin case, for example. We always thought the phrase “a man’s home is his castle” came over from Britain. And, as an American trained lawyer, I always thought the so-called “castle doctrine” of self-defence law was part of the great English common law that we inherited. It appears that while the castle doctrine is still a well-established part of the law in most American jurisdictions, it has been abolished in its birthplace. The castle doctrine simply says that if an intruder enters your home with criminal intent, you owe him no duty of due care and you have no duty to retreat before using deadly force to defend yourself or your family.