This is why we emphasize words, spoken loudly, and the use of \u201cThe Fence\u201d with our hands to show to the other party and to witnesses that we mean no harm. The Fence uses open hands rather than fists, for obvious reasons. This is universally recognized as a signal that we want to keep distance between ourselves and those at whom the Fence is \u201caimed\u201d \u2013 it\u2019s seen as defensive rather than offensive. And when the Fence is held low, at the chudan<\/em> level, rather than toward someone\u2019s face, it is seen as less aggressive than hands toward the face.<\/p>\n Pennsylvania law (Title 18, Part 1, Chapter 5, in Section 505) says, \u201cThe use of deadly force is not justifiable under this section…if the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter\u2026\u201d And case law has shown that even a small overt physical act, when it is accompanied by aggressive words, can qualify as a provocation \u2013 even if you are not the first to use physical force.<\/p>\n If no provocative words are used, the person who first resorts to physical force is generally considered the aggressor. This doesn\u2019t mean you have to wait to get attacked. If you reasonably believe that violence against you is imminent, you may be legally justified in beating someone to the punch, so to speak, or even striking out first, when you\u2019re certain you\u2019re about to be attacked. (This is what the Japanese martial arts call a tactic of sen no sen<\/em> or sen sen no sen<\/em>, respectively.)<\/p>\n You should never rekindle a physical conflict that has stopped with no indication from the aggressive party that it will resume. You should also never escalate a non-deadly encounter to a deadly one.<\/p>\n If you communicate clearly with both your body language and your voice that you want to avoid violence, you\u2019ll be on much safer legal ground.<\/p>\n And of course, mutual combat (i.e., getting into a fight) can result in legal jeopardy for both parties. This is why combative sports are far preferable to brawling, for those with a need to test their mettle.<\/p>\n This entire element of legitimate self-defense can be summed up by the fifth precept in our dojo kun<\/em>, which is \u201cRefrain from violent behavior.\u201d Trotta Shihan used to rephrase this in a way easier for children to understand: \u201cNever strike out in anger.\u201d I would add, never even verbally lash out in anger, if there\u2019s any chance it could escalate beyond words. I might go a bit further and say, \u201cNever lash out in anger, period,\u201d but we are all human, after all \u2013 and anyway that\u2019s beyond the scope of this blog.<\/p>\n The next post in this series will deal with Branca\u2019s second element, which is \u201cImminence.”<\/p>\n![\"\"](\"https:\/\/shutokarate.us\/wp-content\/uploads\/2019\/03\/Thompson-The-Fence-book-cover-197x300.jpg\")
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