Definition

• Initiating nonconsensual physical force includes assault, theft, rape, murder, infecting with a dangerous disease etc.
• The exact point at which an act becomes an ‘initiation’ of nonconsensual physical force is itself a continuum and not always obvious. A court will have to weigh all the evidence and keep the spirit of the 3L Legal Principle in mind.
  • For example, an unarmed stranger walking calmly towards you in the street with a smile is clearly not such an initiation to aggress. If that same person invaded your personal space while screaming insults with raised fists, an initiation of physical force, or at least a threat thereof, has occurred. Even here though there is ambiguity about how close is too close.
  • It is unavoidable that there are difficult cases, with evidence finely balanced - this is an issue in today’s world as much as it would be in a society that has fully adopted 3L.

Consent

• Consensual initiations of force, like a boxing match, are of course not a breach of the Legal Principle.
• Consent can be the explicit granting of permission of licence, or it can be implicit, depending on the circumstances. There is a presumption that the most recent such communication prevails.
  • In certain circumstances, consent may be implicit, such as in ‘Negotiorum Gestio’ (Latin for “management of another’s affairs without mandate”). For example, it would be considered reasonable to pull someone out of harms way without consent if they had not seen an approaching vehicle.