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The exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward diminished responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment weakens both the military reputation and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society.
Revitalizing the concept of military necessity -- Lawful war of self-defense : when not to be a sitting duck -- Military strategy : the blind spot of international humanitarian law -- Defensive deterrence : legalizing the stepchild of international law.
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.
"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 anthology Law in Society explores how law shapes and is shaped by societies. The selections stem from a view of law as an integral part of the wider socio-political economy and one of its central institutions. The introduction familiarizes students with definitions and explanations of criminal law, explores the functions of law, and provides an overview of the theories of law covered in the rest of the book. The first section of the text examines sources of law, natural law theory, and the concept of positive or formal law. The second section considers the origins of law in social structures and provides an overview of sociology of law. The third section is devoted to sources of law and social control such as custom, social norms, and group processes. The final section introduces critical theories of law and considers recent developments in alternative dispute resolution and restorative justice. Through reading Law in Society students come to recognize that as a society changes, so too do its laws and legal system. The book is well suited to courses in criminal justice and sociology, as well as those in social or cultural anthropology.
Discover “the stories America needs to hear” (Admiral William H. McRaven, US Navy (Ret.)) with these moving and powerful recollections of war, told by the men and women who lived them. Walk in my Combat Boots is a powerful collection crafted from hundreds of original interviews by James Patterson, the world’s #1 bestselling writer, and First Sergeant US Army (Ret.) Matt Eversmann, part of the Ranger unit portrayed in the movie Black Hawk Down. These are the brutally honest stories usually only shared amongst comrades in arms. Here, in the voices of the men and women who’ve fought overseas from Vietnam to Iraq and Afghanistan, is a rare eye-opening look into what wearing the uniform, fighting in combat, losing friends and coming home is really like. Readers who next thank a military member for their service will finally have a true understanding of what that thanks is for.
In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.
Law's Trials analyzes the performance of US courts in upholding the rule of law during the 'war on terror'.
This accessible handbook is the first of its kind to examine the sociological approach to the study of the military. The contents are compiled from the work of researchers at universities around the world, as well as military officers devoted to the sector of study. Beginning with a review of studies prior to contemporary research, the book provides a comprehensive survey of the topic. The scope of coverage extends to civic-military relations, including issues surrounding democratic control of the armed forces; military culture; professional training; conditions and problems of minorities in the armed forces; an examination of structural change within the military over the years including new duties and functions following the Cold War.
This collection of 22 essays analyses the Russian military in its social, political, economic, cultural and ideological contexts from 1450 to 1917.The essays are synthetic, and often based on new archival research.