Force (law)
Encyclopedia
In the field of law
, the word force has two main meanings: unlawful violence
and 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"). For example, a person forced against their will to commit an unlawful act they would have not committed if not threatened, would be considered lawful.
"Force of arms" is a special case that can be an example of unlawful violence or lawful compulsion dependent on who is exercising the violence (or threat thereof) and their legal right and/or responsibility to do so.
When one citizen threatens another with a weapon
without being in danger from the person he or she is threatening, this would be an example of the unlawful expression of force of arms. The same threat expressed by police officer
making a lawful arrest
would typically be considered lawful compulsion.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, the word force has two main meanings: unlawful violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...
and 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"). For example, a person forced against their will to commit an unlawful act they would have not committed if not threatened, would be considered lawful.
"Force of arms" is a special case that can be an example of unlawful violence or lawful compulsion dependent on who is exercising the violence (or threat thereof) and their legal right and/or responsibility to do so.
When one citizen threatens another with a weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
without being in danger from the person he or she is threatening, this would be an example of the unlawful expression of force of arms. The same threat expressed by police officer
Police officer
A police officer is a warranted employee of a police force...
making a lawful arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
would typically be considered lawful compulsion.