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This paper provides an overview of the necessary legal considerations unique to martial arts school operators, including civil liability. The paper explains that today, few students train to fight hand-to-hand on the battle field and only the fringe hearken back to the day of mountain-living, black-clad ninja fighting against the Shogunate over-lords. The paper emphasizes that because societal circumstances have changed so much, so too must martial arts training if it is to address the real-life issues of today. The paper concludes that martial arts training, no matter how traditional, must not set students up for failure in a real self-defense situation.
From the Paper:" This is why Martial Arts Instructors, as well as practitioners, need to be fully aware of the legal definitions of self-defense, fighting and assault (MacYoung, 1). There are specific rules that must be followed, and a myriad of circumstances may apply in any given situation. All of these elements must be interpreted and weighed by the participant before action can be taken. It is unfortunate for the Martial Artists who, in an actual physical altercation, will most likely respond in the same way that they were trained (MacYoung, 3). If they were trained to pull punches for tournaments, they will most likely do so on the street. If they were trained to respond to a grab by snapping the grabber's wrist - this is what they will do.
"In New York State, if a person comes up and pushes you, it is considered only "harassment" (Hoyer, 1). Consider the legal implications if a Martial Artist was trained to instinctively respond to this kind of aggression with physical severity? In this instance it would be the Martial Artist who would be facing civil and possibly criminal action, not the person who initiated the altercation. Likewise, when police are called to the scene of a physical dispute, they are trained to analyze the situation in terms of legal accountability. Was the situation avoidable? Did both parties contribute to the dispute? Were both willing participants in the altercation? If so, the situation would not be considered self-defense. It would be interpreted as fighting and both participants would be going to jail (MacYoung, 5). An important question for the Instructor to ask is what possible legal accountability do they have in teaching a student? Though the Instructor may not have a legal obligation in what he teaches, since passing on knowledge is not sufficient cause to be civilly liable for what that student might do (Marty, 2), don't Instructors have an ethical responsibility to inform students of their legal risks?"
Sample of Sources Used:
- Hoyer, Richard J. M.D. "Dangerous Teachings: Potential Liability for Martial Arts Instructors" Martial Arts dot Org. Copyright 2006. http://www.mararts.org/articles/liability.shtml
- Marty, Andy "Civil Liability Concerns of a Martial Arts Instructor" Griffin Martial Training - Pro Gym. Copyright 1997 - 2007 Pro Gym Inc. http://www.progymtraining.com/corner/civil.html
- MacYoung, Marc "Lethal Force: A Reality Break" No Nonsense Self-Defense Copyright Marc MacYoung. http://www.nononsenseselfdefense.com/
Cite this Analytical Essay:
Legal Issues Pertaining to Martial Arts School (2010, May 19) Retrieved September 29, 2022, from https://www.academon.com/analytical-essay/legal-issues-pertaining-to-martial-arts-school-119698/
"Legal Issues Pertaining to Martial Arts School" 19 May 2010. Web. 29 September. 2022. <https://www.academon.com/analytical-essay/legal-issues-pertaining-to-martial-arts-school-119698/>