Military Justice In The Modern Age
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Military Justice In The Modern Age
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Author : Alison Duxbury
language : en
Publisher:
Release Date : 2016
Military Justice In The Modern Age written by Alison Duxbury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Courts-martial and courts of inquiry categories.
Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.
Military Justice In The Modern Age
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Author : Alison Duxbury
language : en
Publisher: Cambridge University Press
Release Date : 2016-08-04
Military Justice In The Modern Age written by Alison Duxbury and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-04 with History categories.
Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.
Military Justice A Very Short Introduction
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Author : Eugene R. Fidell
language : en
Publisher: Oxford University Press
Release Date : 2016-09-01
Military Justice A Very Short Introduction written by Eugene R. Fidell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-01 with Law categories.
"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.
Military Law The State And Citizenship In The Modern Age
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Author : Gerard Oram
language : en
Publisher: Bloomsbury Academic
Release Date : 2016-09-08
Military Law The State And Citizenship In The Modern Age written by Gerard Oram and has been published by Bloomsbury Academic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-08 with History categories.
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
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Author : Brett J. Kyle
language : en
Publisher: Routledge
Release Date : 2020-12-22
Military Courts Civil Military Relations And The Legal Battle For Democracy written by Brett J. Kyle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-22 with Law categories.
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 justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book’s findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.
Modern Military Justice
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Author : LISA M. SCHENCK
language : en
Publisher:
Release Date : 2024
Modern Military Justice written by LISA M. SCHENCK and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.
Rebel Courts
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Author : René Provost
language : en
Publisher: Oxford University Press
Release Date : 2021-06-18
Rebel Courts written by René Provost and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-18 with Law categories.
Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.
Civil Military Legal Relations Where To From Here
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Author : Pauline Therese Collins
language : en
Publisher: BRILL
Release Date : 2018-04-05
Civil Military Legal Relations Where To From Here written by Pauline Therese Collins and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-05 with Law categories.
This book investigates the place of civilian courts in civil-military theory and their impact on the civil-military relationship in three western liberal democracies. It challenges the evolving civil-military relationship, demanding a re-evaluation of the theory to incorporate the courts.
Military Justice
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Author : Lawrence J. Morris
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2010-02-26
Military Justice written by Lawrence J. Morris and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-26 with History categories.
Public, press, and academic interest in the military justice system has increased over the past generation. This is a result of several high-profile trials (the Sergeant Major of the Army and Kelly Flinn, among many others), a popular TV show (even if it was Navy JAGs), and broader public attention to and interest in the military, stemming from the post-Cold War prominence of the military (Gulf War I, Balkans, and post-9/11 operations). In addition, some of the more prominent cases from the war in Iraq, including Abu Ghraib and detainee cases, as well as the GTMO military commissions, have kept military justice in the news. There are many misconceptions about the rudiments of the military justice system. Many perceive severity where there is none (though there are features that differ from the civilian system, sometimes unfavorably for the accused), and few are aware of its unique protections and features. Senators Lott and McConnell were not unique in the inaccurate perceptions they publicly stated about military justice during hearings on military tribunals. This volume would accomplish two main purposes: (1) provide comprehensive, accurate, and current information about the military justice system and related disciplinary features, written in laymen's language; and (2) explain the system through some illustrative or engaging anecdotes (e.g., the trials of Billy Mitchell, William Calley, and the World War II Nazi saboteurs, whose capture and trial provide the basis for today's Guantanamo-based trials of suspected terrorists).
Evolving Military Justice
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Author : Eugene R. Fidell
language : en
Publisher: US Naval Institute Press
Release Date : 2002
Evolving Military Justice written by Eugene R. Fidell and has been published by US Naval Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Courts-martial and courts of inquiry categories.
For decades, debate has raged over whether the military justice system is foremost a tool to preserve discipline within the armed forces or a means of dispensing justice on a par with civilian criminal justice systems. From the dawn of American military law in 1775 through World War II, the answer was obvious: military justice was primarily a tool commanders used to maintain discipline. In 1950, however, Congress enacted the Uniform Code of Military Justice. Through amendments over the past half century, the American military justice system has evolved into what it is today: not quite a mirror image of the civilian federal criminal justice system, but vastly more fair than in the days of drumhead courts and the lash, according to the authors, both practicing attorneys and former military officers. Their book scrutinizes the current military justice system, identifying its strengths and weaknesses and pointing the way toward further improvements. Included are essays written about the American military justice system over the past decade by such notable authorities as Sam Nunn, former Senator from Georgia; Andrew S. Effron, Judge of the United States Court of Appeals for the Armed Forces; and Brig. Gen. Jerry S.T. Pitzul, Judge Advocate General of the Canadian Forces. Some defend military justice, while others are critical. The book then shifts its focus overseas to compare the U.S. system with those of several other common law countries. Designed to provoke thought about military justice among military justice practitioners and military line officers alike, the book is introduced with an essay by William K. Suter, Clerk of the U.S. Supreme court.