Vis
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Force. This word often signifies unlawful force; violence; but sometimes efficacy; power to produce an effect.
Vis major
A superior force. In the law of bailment, this term expresses an irresistible force, — such an interposition of human agency as is, from its nature and power, absolutely uncontrollable; as the inroads of a hostile army or public enemies, piracy and robbery by force. Vim vi repellere omnes leges omniaque jura permittunt. All written laws and all unwritten laws permit force to repel force. The law allows one who is attacked to repel force by force, whether in defence of person or property. But the force permitted is strictly limited to that necessary in defence; and Lord Coke thus states the rule: Vim vi repellere licet, modo Jiat moderamine inculpates tutelce, non ad sumendam vindictam, sed ad propulsandam injuriam, — it is lawful to repel force by force; only let it be done with the self-control of blameless defence, — not to take revenge, but to repel injury.
Co. Litt. 162.
Vi et armis
With force and arms. Formal words in Latin writs and declarations of trespass, proper to charge acts of force and violence. This expression is literally translated, in English forms.