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Author : David M. Jemibewon
Publisher : Spectrum Books
ISBN 13 : 9789780290399
Total Pages : 404 pages
Book Rating : 4.2/5 (93 download)
Download or read book The Military, Law and Society written by David M. Jemibewon and published by Spectrum Books. This book was released on 1998-01-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : H. Rizvi
Publisher : Springer
ISBN 13 : 0230599044
Total Pages : 307 pages
Book Rating : 4.2/5 (35 download)
Download or read book Military, State and Society in Pakistan written by H. Rizvi and published by Springer. This book was released on 2000-05-15 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive study of the dynamics of civil-military relations in Pakistan. It asks how and why the Pakistan military has acquired such a salience in the polity and how it continues to influence decision-making on foreign and security policies and key domestic political, social and economic issues. It also examines the changes within the military, the impact of these changes on its disposition towards the state and society, and the implications for peace and security in nuclearized South Asia.
Author : Elizabeth Lutes Hillman
Publisher : Princeton University Press
ISBN 13 : 0691224269
Total Pages : 254 pages
Book Rating : 4.6/5 (912 download)
Download or read book Defending America written by Elizabeth Lutes Hillman and published by Princeton University Press. This book was released on 2021-02-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Eugene R. Fidell
Publisher :
ISBN 13 : 9781422498613
Total Pages : 0 pages
Book Rating : 4.4/5 (986 download)
Download or read book Military Justice written by Eugene R. Fidell and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military Justice: Cases and Materials gives teachers a new and powerful tool to introduce students to military law while deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. At a time when the tempo of military operations around the world seems to increase constantly and high-profile courts-martial dominate the headlines, this book gives students and teachers unprecedented the tools needed to analyze, understand, and evaluate worldwide military justice. With prosecutions arising from prisoner abuse, atrocities against civilians, and servicemembers' opposition to ongoing wars, the military justice system now has a prominence unmatched since the Vietnam era. This higher profile for courts-martial, combined with the difficult and fundamental legal issues raised by the military commissions, suggests that military courses will now be in great demand. This casebook provides the text for such a course. Its coverage of the U.S. court-martial and other systems of military criminal law provides a framework through which students can explore the role and operation of military justice within a democratic society. In an era of worldwide deployments, multi- national operations, and global terrorism, this book illuminates the interconnectedness of military justice systems through a far- ranging collection of judicial opinions, statutes, regulations, commentaries, and scholarship. While the materials presented draw heavily from the United States, most chapters also present materials from other jurisdictions to enhance students' appreciation of both the unique American experience and the availability of alternative approaches to military discipline, accountability, and punishment. International norms are also examined. Part I, Foundations, sets the stage by exploring the origins and purposes of military justice, pointing out the many sources of law that govern this area, analyzing the u
Author : Gerard Oram
Publisher : Bloomsbury Academic
ISBN 13 : 9781780934969
Total Pages : 240 pages
Book Rating : 4.9/5 (349 download)
Download or read book Military Law, the State, and Citizenship in the Modern Age written by Gerard Oram and published by Bloomsbury Academic. This book was released on 2016-09-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Eugene R. Fidell
Publisher : Oxford University Press
ISBN 13 : 0199303509
Total Pages : 160 pages
Book Rating : 4.1/5 (993 download)
Download or read book Military Justice: A Very Short Introduction written by Eugene R. Fidell and published by Oxford University Press. This book was released on 2016-09-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Author : Nigel D. White
Publisher : Edward Elgar Publishing
ISBN 13 : 9781789902792
Total Pages : 384 pages
Book Rating : 4.9/5 (27 download)
Download or read book Military Justice written by Nigel D. White and published by Edward Elgar Publishing. This book was released on 2022-03-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Yishai Beer
Publisher : Oxford University Press
ISBN 13 : 0190881151
Total Pages : 320 pages
Book Rating : 4.1/5 (98 download)
Download or read book Military Professionalism and Humanitarian Law written by Yishai Beer and published by Oxford University Press. This book was released on 2018-04-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.
Author : Brett J. Kyle
Publisher :
ISBN 13 : 9780367029944
Total Pages : 244 pages
Book Rating : 4.0/5 (299 download)
Download or read book Military Courts, Civil-military Relations, and the Legal Battle for Democracy written by Brett J. Kyle and published by . This book was released on 2020-12-23 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Author : Terry D. Gill
Publisher : OUP Oxford
ISBN 13 : 0191029726
Total Pages : 686 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Handbook of the International Law of Military Operations written by Terry D. Gill and published by OUP Oxford. This book was released on 2010-08-19 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Stanislav Andreski
Publisher :
ISBN 13 : 9780520000254
Total Pages : 260 pages
Book Rating : 4.0/5 (2 download)
Download or read book Military Organization and Society written by Stanislav Andreski and published by . This book was released on 1971 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Terry D. Gill
Publisher : Oxford University Press
ISBN 13 : 0198744625
Total Pages : 790 pages
Book Rating : 4.1/5 (987 download)
Download or read book The Handbook of the International Law of Military Operations written by Terry D. Gill and published by Oxford University Press. This book was released on 2015 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on best-practice rules of global importance, this handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force.
Author : Cara Acred
Publisher : Issues Series
ISBN 13 : 9781861687210
Total Pages : 48 pages
Book Rating : 4.6/5 (872 download)
Download or read book The Military & Society written by Cara Acred and published by Issues Series. This book was released on 2015-09 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title looks at issues which concern members and former members of the armed forces. It covers issues such as service-related mental ill health, dealing with physical injuries, the future of the armed services in the wake of government cuts and redundancies, and much more.
Author : Alison Diduck
Publisher : BRILL
ISBN 13 : 9004261494
Total Pages : 685 pages
Book Rating : 4.0/5 (42 download)
Download or read book Law in Society: Reflections on Children, Family, Culture and Philosophy written by Alison Diduck and published by BRILL. This book was released on 2015-08-27 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.
Author : Giuseppe Caforio
Publisher : Springer
ISBN 13 : 0387345760
Total Pages : 487 pages
Book Rating : 4.3/5 (873 download)
Download or read book Handbook of the Sociology of the Military written by Giuseppe Caforio and published by Springer. This book was released on 2007-07-23 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Nobuo Hayashi
Publisher : Cambridge University Press
ISBN 13 : 1108662080
Total Pages : 453 pages
Book Rating : 4.1/5 (86 download)
Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
Author : Diane H. Mazur
Publisher : Oxford University Press
ISBN 13 : 0199780471
Total Pages : 240 pages
Book Rating : 4.1/5 (997 download)
Download or read book A More Perfect Military written by Diane H. Mazur and published by Oxford University Press. This book was released on 2010-11-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surveys show that the all-volunteer military is our most respected and trusted institution, but over the last thirty-five years it has grown estranged from civilian society. Without a draft, imperfect as it was, the military is no longer as representative of civilian society. Fewer people accept the obligation for military service, and a larger number lack the knowledge to be engaged participants in civilian control of the military. The end of the draft, however, is not the most important reason we have a significant civil-military gap today. A More Perfect Military explains how the Supreme Court used the cultural division of the Vietnam era to change the nature of our civil-military relations. The Supreme Court describes itself as a strong supporter of the military and its distinctive culture, but in the all-volunteer era, its decisions have consistently undermined the military's traditional relationship to law and the Constitution. Most people would never suspect there was anything wrong, but our civil-military relations are now as constitutionally fragile as they have ever been. A More Perfect Military is a bracingly candid assessment of the military's constitutional health. It crosses ideological and political boundaries and is challenging-even unsettling-to both liberal and conservative views. It is written for those who believe the military may be slipping away from our common national experience. This book is the blueprint for a new national conversation about military service.
