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A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti
How can obedience and carrying out orders lead to horrific acts such as the Holocaust or the genocides in Rwanda, Cambodia, or Bosnia? For the most part, it is a mystery why obeying instructions from an authority can convince people to kill other human beings, sometimes without hesitation and with incredible cruelty. Combining social and cognitive neuroscience with real-life accounts from genocide perpetrators, this book sheds light on the process through which obedience influences cognition and behavior. Emilie Caspar, a leading expert in the field, translates this neuroscientific approach into a clear, uncomplicated explanation, even for those with no background in psychology or neuroscience. By better understanding humanity's propensity for direct orders to short-circuit our own independent decision-making, we can edge closer to effective prevention processes.
A special edition reissue of the landmark study of humanity’s susceptibility to authoritarianism. In the 1960s Yale University psychologist Stanley Milgram famously carried out a series of experiments that forever changed our perceptions of morality and free will. The subjects—or “teachers”—were instructed to administer electroshocks to a human “learner,” with the shocks becoming progressively more powerful and painful. Controversial but now strongly vindicated by the scientific community, these experiments attempted to determine to what extent people will obey orders from authority figures regardless of consequences. “Milgram’s experiments on obedience have made us more aware of the dangers of uncritically accepting authority,” wrote Peter Singer in the New York Times Book Review. Featuring a new introduction from Dr. Philip Zimbardo, who conducted the famous Stanford Prison Experiment, Obedience to Authority is Milgram’s fascinating and troubling chronicle of his classic study and a vivid and persuasive explanation of his conclusions . . . A part of Harper Perennial’s special “Resistance Library” highlighting classic works that illuminate our times The inspiration for the major motion picture Experimenter
Sergeant William Calley's defense of his behavior in the My Lai massacre and the widespread public support for his argument that he was merely obeying orders from a superior and was not personally culpable led Herbert C. Kelman and V. Lee Hamilton to investigate the attitudes toward responsibility and authority that underlie "crimes of obedience"--not only in military circumstances like My Lai but as manifested in Watergate, the Iran-Contra scandal, and the Kurt Waldheim affair. Their book is an ardent plea for the right and obligation of citizens to resist illegal and immoral orders from above.
This book integrates the problem of violence into a larger framework, showing how economic and political behavior are closely linked.
Holocaust and Human Behavior uses readings, primary source material, and short documentary films to examine the challenging history of the Holocaust and prompt reflection on our world today