But at government insistence the law passed and became permanent. A broad 1967 revision of criminal law altered the common law standard for self-defense so that everything turns on what appears ''reasonable'' force against an assailant, considered after the fact. As the author of a leading British legal textbook pointed out, that requirement is ''now stated in such mitigated terms as to cast doubt on whether it [self-defense] still forms part of the law.''
Three cases illustrate the results of these measures:
In 1987, two men assaulted Eric Butler, a 56-year-old British Petroleum executive, in a London subway car, trying to strangle him and smashing his head against the door. No one came to his aid. He later testified, ''My air supply was being cut off, my eyes became blurred, and I feared for my life.'' In desperation he unsheathed an ornamental sword blade in his walking stick and slashed at one of his attackers, stabbing the man in the stomach. The assailants were charged with wounding. Butler was tried and convicted of carrying an offensive weapon.
In August 1999, Tony Martin, a 55-year-old Norfolk farmer living alone in a shabby farmhouse, awakened to the sound of breaking glass as two professional burglars burst into his home. He had been robbed six times before but, like 70 percent of rural English villages, his had no police presence. He sneaked downstairs with a shotgun and shot at the intruders. Martin received life in prison for killing one burglar, 10 years for wounding the second, and 12 months for having an illegal shotgun.
In 1994, an English homeowner, armed with a toy gun, managed to detain two burglars who had broken into his house, while he called the police. When the officers arrived they arrested the homeowner for using an imitation gun to put someone in fear. Parliament is now considering making imitation guns illegal.
This is a cautionary tale. America's founders, like their English forebears, regarded personal security as one of the three great and primary rights of mankind. That was their main reason for including a right for individuals to be armed. Everyone doesn't need to avail himself of that right. It is a dangerous right. But leaving personal protection to the police is also dangerous.
The English government has come perilously close to depriving its people of the ability to protect themselves at all, and the result is a more, not less, dangerous society. ''It is implicit in a genuine right,'' an English judge pointed out, ''that its exercise may work against (some facet of) the public interest: a right to speak only where its exercise advanced the public welfare or public policy ... would be a hollow guarantee against repression.''
Public safety is not enhanced by depriving individuals of their right to personal safety.
Joyce Lee Malcolm is a history professor at Bentley College and author of "Guns and Violence: The English Experience."
This story ran on page D1 of the Boston Globe on 5/26/2002.
© Copyright 2002 Globe Newspaper Company.