The Limits Of Military Officers Duty To Obey Civilian Orders
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The Limits Of Military Officers Duty To Obey Civilian Orders
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Author : Jr. Robert E. Atkinson
language : en
Publisher: Lulu.com
Release Date : 2015-12-23
The Limits Of Military Officers Duty To Obey Civilian Orders written by Jr. Robert E. Atkinson and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-23 with Reference categories.
This monograph offers a neo-classically republican perspective on a perennial problem of civilian/military relations: limitations on military officers' obligation to obey civilian authorities. All commentators agree that military officers are generally obliged-morally, professionally, and legally-to obey civilian orders, even as they agree that this rule of obedience has exceptions. Commentators tend to differ, however, on the basis and breadth of these exceptions. Following Samuel Huntington's classic analysis in The Soldier and the State, Mr. Robert Atkinson shows that disagreement about the breadth of the exceptions tends to assume that their bases-moral, professional, and legal-are incommensurable. This monograph suggests, to the contrary, that all defensible exceptions to the rule of military obedience, like that rule itself, derive from a single neo-classical, Huntingtonian standard binding on civilian authorities and military officers alike: the common good.
The Limits Of Military Officers Duty To Obey Civilian Orders
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Author : Robert E. Atkinson Jr
language : en
Publisher:
Release Date : 2015-07-30
The Limits Of Military Officers Duty To Obey Civilian Orders written by Robert E. Atkinson Jr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-30 with categories.
This monograph offers a neo-classically republican perspective on a perennial problem of civilian/military relations: limitations on military officers' obligation to obey civilian authorities. All commentators agree that military officers are generally obliged-morally, professionally, and legally-to obey civilian orders, even as they agree that this rule of obedience must admit of exceptions. Commentators tend to differ, however, on the basis and breadth of these exceptions. Following Samuel Huntington's classic analysis in The Soldier and the State, this monograph shows that disagreement about the breadth of the exceptions tends to assume that their bases-moral, professional, and legal-are incommensurable. It suggests, to the contrary, that all defensible exceptions to the rule of military obedience, like that rule itself, derive from a single neo-classical, Huntingtonian standard, binding on civilian authorities and military officers alike: the common good. This perspective promises significantly to reduce the range of disagreement over the limits of military obedience both in theory and in practice.
Limits Of Military Officers Duty To Obey Civilian Orders A Neo Classical Perspective
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Author : Robert E. Atkinson Jr
language : en
Publisher:
Release Date : 2022
Limits Of Military Officers Duty To Obey Civilian Orders A Neo Classical Perspective written by Robert E. Atkinson Jr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
The Limits Of Military Officers Duty To Obey Civilian Orders
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Author : Robert E. Atkinson (Jr.)
language : en
Publisher:
Release Date : 2015
The Limits Of Military Officers Duty To Obey Civilian Orders written by Robert E. Atkinson (Jr.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Civil supremacy over the military categories.
"This monograph offers a neo-classically republican perspective on a perennial problem of civilian/military relations: limitations on military officers' obligation to obey civilian authorities. All commentators agree that military officers are generally obliged -- morally, professionally, and legally -- to obey civilian orders, even as they agree that this rule of obedience must admit of exceptions. Commentators tend to differ, however, on the basis and breadth of these exceptions. Following Samuel Huntington's classic analysis in The Soldier and the State, this monograph shows that disagreement about the breadth of the exceptions tends to assume that their bases -- moral, professional, and legal -- are incommensurable. It suggests, to the contrary, that all defensible exceptions to the rule of military obedience, like that rule itself, derive from a single neo-classical, Huntingtonian standard, binding on civilian authorities and military officers alike: the common good. This perspective promises significantly to reduce the range of disagreement over the limits of military obedience both in theory and in practice"--Publisher's web site.
Obeying Orders
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Author : Mark J. Osiel
language : en
Publisher: Routledge
Release Date : 2017-07-05
Obeying Orders written by Mark J. Osiel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Social Science categories.
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
Lying To Ourselves
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Author : Leonard Wong
language : en
Publisher:
Release Date : 2015-02
Lying To Ourselves written by Leonard Wong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02 with Military ethics categories.
"Untruthfulness is surprisingly common in the U.S. military even though members of the profession are loath to admit it. Further, much of the deception and dishonesty that occurs in the profession of arms is actually encouraged and sanctioned by the military institution. The end result is a profession whose members often hold and propagate a false sense of integrity that prevents the profession from addressing -- or even acknowledging -- the duplicity and deceit throughout the formation. It takes remarkable courage and candor for leaders to admit the gritty shortcomings and embarrassing frailties of the military as an organization in order to better the military as a profession. Such a discussion, however, is both essential and necessary for the health of the military profession"--Publisher's web site.
Toward A Unified Military Response
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Author : Ryan Burke
language : en
Publisher: Department of the Army
Release Date : 2015-07-13
Toward A Unified Military Response written by Ryan Burke and has been published by Department of the Army this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-13 with History categories.
The 2013-14 Army War College Key Strategic Issues List stated: "If Hurricane Sandy is seen as an archetype of a complex catastrophe, then a careful analysis of the effectiveness of the DoD response within the context of dual status commanders [DSCs], lead federal agencies, and state response capabilities needs to be conducted." This monograph does exactly that as it carefully and comprehensively analyzes the DSC-led military response to Hurricane Sandy in New York. Through this lens, it illustrates and discusses the perspectives of the DSC construct and offers recommendations for leveraging existing capabilities and improving those deemed insufficient. Using a case study approach, this analysis addresses notable issues of constitutionality, legality, policy, financial considerations, and even politics, all uniquely situated between individual states' interests and those of the federal government. To provide military and defense officials with a greater understanding of the benefits and limitations of the DSC arrangement during a no-notice/limited-notice incident, this monograph offers objective and systematic documentation of the Sandy response. It concludes by offering a series of actionable recommendations aimed at improving operational decisionmaking, policy, and legislation specifically related to DSCs during no-notice/limited-notice incidents. AUDIENCE: Military soldiers, including National Guard personnel, Active and Reserve soldiers, sailors, airmen, and marines that were called upon to provide civil support operations under the tactical command of dual status commanders during the unplanned Hurricane Sandy response in New York. This work provides extensive analysis with recommendations for an effective operational and strategy specific plus policy-specific response relating to the lessons learned through these military forces and coordination of their service response to the New York area for Hurricane Sandy's landfall. Municipal and State officials that coordinate operations during emergency situations may also benefit from these military coordination recommendations, analysis and lessons learned from Hurricane Sandy. Emergency Management and military science students, especially ROTC-enrolled military students may be interested in this resource for coordination at local level. Related products: Enhancing Civilian Protection in Peace Operations: Insights From Africa can be found here: https://bookstore.gpo.gov/products/sku/008-020-01644-6 The Limits of Military Officers: Duty to Obey Civilian Orders: A Neoclassical Perspective is available here:https://bookstore.gpo.gov/products/sku/008-000-01166-4 Maturing Defense Support of Civil Authorities and the Dual Status Commander Arrangement through the Lens of Process Improvement is available here: https://bookstore.gpo.gov/products/sku/008-000-01140-1 Civil Affairs: Soldiers Become Governors 2014 is available here: https://bookstore.gpo.gov/products/sku/008-029-00572-7
Ethics In The Indian Military
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Author : Dr U C Jha
language : en
Publisher: Vij Books India Pvt Ltd
Release Date : 2019-05-06
Ethics In The Indian Military written by Dr U C Jha and has been published by Vij Books India Pvt Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-06 with Political Science categories.
In today’s tempestuous environment, the issues of indiscipline, corruption and criminality in the armed forces reflect broader issues of military ethics, culture and leadership. A military leader has to motivate his followers to achieve maximum results with minimum friction within the group. The ability to motivate men stems largely from the ability to understand them. It is time for military leaders to do some soul-searching on the components of military ethics. The book argues that the existing legal and policy framework is inadequate to regulate behaviour in the barracks as well as in conflicts. It recommends reforms in the military legal system, incentives, practices and training. This book is for policy makers in the armed forces, military officers, military lawyers, academics, journalists, and those with an interest or professional involvement in the subject.
When Military Obedience And Restrictions On War Powers Collide
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Author : Ellen Nohle
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-04-12
When Military Obedience And Restrictions On War Powers Collide written by Ellen Nohle and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-12 with Law categories.
This provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.
Military Review
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Author :
language : en
Publisher:
Release Date : 2016
Military Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Military art and science categories.