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Military Justice
ISBN: 9780199303496
Series: A Very Short Introduction
Military Justice (Law)
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ISBN
9780199303496 (10-digit ISBN: 0199303495)
- Description
- Key Features
- Series Description
- Table of Contents
- Presents a global picture of military justice, comparing the US system with foreign and civilian models
- The perfect tool to understand how military justice works around the world and why it is so different from civilian justice
- Provides a much-needed context for the current controversy over the role of military commanders in the military justice system
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.
Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects--from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible.
Not simply a textbook of definitions, each volume in this series provides trenchant and provocative--yet always balanced and complete--discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library.
Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable.
Please note: As this series is not ELT material, these titles are not subject to discount.
List of Illustrations
Acknowledgments
Preface
Introduction Separate Rules for a Separate Society
Chapter 1 Military Command and Military Discipline
Chapter 2 The Arc of Civilianization
Chapter 3 Who is Subject to Trial by Court-Martial?
Chapter 4 The Substantive Reach of Court-Martial Jurisdiction
Chapter 5 Command Influence, Lawful and Unlawful
Chapter 6 Conduct Unbecoming and All That
Chapter 7 The Military Judiciary
Chapter 8 Military Lawyering
Chapter 9 Military Justice in the Field
Chapter 10 What about Guantánamo?
Chapter 11 Peering Ahead
Glossary
References
Further Reading
Websites
About the Author
Index
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.
Key Features
- Presents a global picture of military justice, comparing the US system with foreign and civilian models
- The perfect tool to understand how military justice works around the world and why it is so different from civilian justice
- Provides a much-needed context for the current controversy over the role of military commanders in the military justice system
Series Description
Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects--from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible.
Not simply a textbook of definitions, each volume in this series provides trenchant and provocative--yet always balanced and complete--discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library.
Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable.
Please note: As this series is not ELT material, these titles are not subject to discount.
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