The Military, Law and Society

The Military, Law and Society
Author: David M. Jemibewon
Publisher: Spectrum Books
Total Pages: 404
Release: 1998-01-01
Genre: Civil-military relations
ISBN: 9789780290399

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Defending America

Defending America
Author: Elizabeth Lutes Hillman
Publisher: Princeton University Press
Total Pages: 254
Release: 2021-02-09
Genre: History
ISBN: 0691224269

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From going AWOL to collaborating with communists, assaulting fellow servicemen to marrying without permission, military crime during the Cold War offers a telling glimpse into a military undergoing a demographic and legal transformation. The post-World War II American military, newly permanent, populated by draftees as well as volunteers, and asked to fight communism around the world, was also the subject of a major criminal justice reform. By examining the Cold War court-martial, Defending America opens a new window on conflicts that divided America at the time, such as the competing demands of work and family and the tension between individual rights and social conformity. Using military justice records, Elizabeth Lutes Hillman demonstrates the criminal consequences of the military's violent mission, ideological goals, fear of homosexuality, and attitude toward racial, gender, and class difference. The records also show that only the most inept, unfortunate, and impolitic of misbehaving service members were likely to be prosecuted. Young, poor, low-ranking, and nonwhite servicemen bore a disproportionate burden in the military's enforcement of crime, and gay men and lesbians paid the price for the armed forces' official hostility toward homosexuality. While the U.S. military fought to defend the Constitution, the Cold War court-martial punished those who wavered from accepted political convictions, sexual behavior, and social conventions, threatening the very rights of due process and free expression the Constitution promised.

Military Law, the State, and Citizenship in the Modern Age

Military Law, the State, and Citizenship in the Modern Age
Author: Gerard Oram
Publisher: Bloomsbury Academic
Total Pages: 240
Release: 2016-09-08
Genre: History
ISBN: 9781780934969

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This book looks at how military authority performed a key role in shaping the relationship between the state and its citizens in modern Western societies. Through the careful analysis of significant events and case studies, Oram examines this and other key themes of state formation and citizenship, shedding light on the complex relationship between the political state and the military. He argues that the connection that bound citizen to state was in effect formalised through the military codes under which increasing numbers of the population served throughout the modern era, a connection that took on greater significance throughout the total wars of the 20th century. This book fills an important gap in the literature with a clear, comparative framework that places military law in an international context and as such will be key reading for those interested in military history, international history and war and society.

Military Courts, Civil-military Relations, and the Legal Battle for Democracy

Military Courts, Civil-military Relations, and the Legal Battle for Democracy
Author: Brett J. Kyle
Publisher:
Total Pages: 244
Release: 2020-12-23
Genre: Courts-martial and courts of inquiry
ISBN: 9780367029944

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"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--

The Handbook of the International Law of Military Operations

The Handbook of the International Law of Military Operations
Author: Terry D. Gill
Publisher: OUP Oxford
Total Pages: 686
Release: 2010-08-19
Genre: Law
ISBN: 0191029726

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The past decades have seen a remarkable development of military operations both within the United Nations collective security system and in other international settings. While traditional forms of military operations have been maintained and further developed, there have also been substantive developments, responding to new challenges for international security, the specific requirements of international and multinational cooperation, and legal regulation. Treaty law, customary law, and best practice relevant for military operations derive from various branches of international law which have to be applied in context. Cooperation between States and International Organizations has brought about a progressive development of applicable rules, and a requirement for legal control both at the national and international level. At the same time, the correct application of legal rules and best practice has become one of the benchmarks for the assessment of military operations and failure to meet appropriate standards can have significant military and political, as well as legal, implications. This makes the identification and correct application of these rules of crucial importance in the planning and conduct of all types of military operations. The absence of an all-encompassing set of regulations and the need to find specific solutions for tasks characterized by an interdependence of efforts have made a reassessment of this important part of international law both a timely and topical task. Renowned international lawyers have joined together in this project to offer their insight in the relevant principles and provisions. They address important rules for enforcement, peace enforcement, and peace operations, as well as for other military operations conducted within the context of self-defence and other possible legal bases for the use of force.

Military Justice

Military Justice
Author: Nigel D. White
Publisher: Edward Elgar Publishing
Total Pages: 384
Release: 2022-03-10
Genre:
ISBN: 9781789902792

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While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations. By exploring the relationship between the military and society, Nigel D. White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military's place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers. Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.

Military Justice

Military Justice
Author: Eugene R. Fidell
Publisher: Oxford University Press
Total Pages: 156
Release: 2016
Genre: History
ISBN: 0199303495

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This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.

Military Justice: A Very Short Introduction

Military Justice: A Very Short Introduction
Author: Eugene R. Fidell
Publisher: Oxford University Press
Total Pages: 156
Release: 2016-09-01
Genre: Law
ISBN: 0199303509

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"You can't handle the truth." These iconic words, bellowed by Jack Nicholson as Colonel Jessup in the 1992 movie A Few Good Men, became an emblem of the conflict between honor and truth that the collective imagination often considers the quintessence of military justice. The military is the rare part of contemporary society that enjoys the privilege of policing its own members' behavior, with special courts and a separate body of rules. Whether one is for or against this system, military trials are fascinating and little understood. This book opens a window on the military judicial system, offering an accessible and balanced assessment of the strengths and weaknesses of military legal regimes around the world. It illuminates US military justice through a comparison with civilian and foreign models for the administration of justice, with a particular emphasis on the UK and Canadian military justice systems. Drawing on his experience as a serving officer, private practitioner, and law professor, Eugene R. Fidell presents a hard-hitting tour of the field, exploring military justice trends across different countries and compliance (or lack thereof) with contemporary human rights standards. He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantánamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country.