The fundamental question arises as to the differences between the four terms: martial sport, martial art, style, and self-defense. The following provides a precise explanation of these
terms.
In everyday language, the term "martial sport" in German is often used as an umbrella term for all forms of "martial arts"; the same is often true for the term "martial art." For laypersons,
there is usually no recognizable difference. From a professional perspective, however, a clear conceptual distinction appears necessary in order to clearly differentiate the respective
concepts.
Martial Sport:
Martial sport refers to systems whose training practice is primarily oriented toward competitions and which are applied in tournaments. Typical examples include boxing, kickboxing, mixed martial
arts (MMA), or wrestling. What all martial sports have in common is their adherence to clearly defined rule sets that structure both the competition itself and significantly influence training.
These rules generally impose restrictions, so certain techniques and tactical approaches are prohibited and, consequently, are not systematically taught during training.
Martial Art:
A martial art generally refers to systems whose training practice is not primarily oriented toward competition but toward application in real-life situations, i.e., self-defense—at least in
theory. Examples include Wing Chun, Krav Maga, Jeet Kune Do, or various styles of Kung Fu. Although these arts share a common goal—defense against attacks—they differ considerably in their
technical and tactical approaches. Some systems prove to be particularly practical and effective, while others are less so. Traditional martial arts often include ritualized or historically
influenced techniques that are not always considered realistic in the context of modern self-defense. An exception is Jeet Kune Do, which is not designed as a traditional martial art but
deliberately pursues a functional and practical approach.
Self-Defense:
Self-defense primarily refers to the application of techniques from martial sports or martial arts in concrete threat situations, with the goal of preserving one’s own safety. In professional and
practitioner circles, however, an entire style is often classified as self-defense, especially when its training methodology is not oriented toward competitive sports. In this context, the term
martial art is usually used rather than martial sport, as martial art—in its theoretical foundation—is more strongly focused on the aspect of self-defense.
Legal Situation for Self-Defense in Germany
1. Legal Basis
The legal basis for self-defense in Germany is found in the Criminal Code (StGB), particularly in §32 StGB – Self-Defense (Notwehr).
§32 StGB states: Anyone who defends themselves or another person against a current unlawful attack acts not unlawfully, provided that the defensive action is necessary.
The defense must be proportionate – meaning it must not exceed what is necessary to repel the attack.
2. Requirements for Self-Defense
For an action to be considered lawful self-defense, several conditions must be met:
Current Attack:
The attack must be ongoing or imminent.
A purely hypothetical or past attack does not justify self-defense.
Unlawfulness of the Attack:
The attack must not be justified.
Attacks carried out within legal rights (e.g., police measures) do not fall under self-defense.
Necessity of Defense:
The defense must be suitable to repel the attack.
No less severe means may be available that would also stop the attack.
Proportionality:
The means of defense must not be disproportionate to the attack.
Example: A punch in response to a verbal insult would be disproportionate.
Deadly force is only permitted in life-threatening situations.
3. Excess of Self-Defense
If self-defense exceeds the necessary measure, it is referred to as “excessive self-defense” (§33 StGB).
This involves an action that goes beyond what is necessary, e.g., excessive force against an attacker after the threat has already been neutralized.
Such excess may be considered mitigating, but it does not automatically result in immunity from punishment.
4. Self-Defense in Everyday Life
Defense against physical attacks (punches, chokes, threats) is generally permitted, provided it is proportionate.
The use of tools (pepper spray, pocket knives, batons) is only permitted if the means are suitable for defense and legally allowed.
Pepper spray: allowed for animal defense; for self-defense against humans, only in legitimate self-defense situations.
Firearms: only in extreme life-threatening situations, subject to strict regulations.
