Obeying Orders

Obeying Orders
Author :
Publisher : Routledge
Total Pages : 555
Release :
ISBN-10 : 9781351502566
ISBN-13 : 1351502565
Rating : 4/5 (565 Downloads)

Book Synopsis Obeying Orders by : Mark J. Osiel

Download or read book Obeying Orders written by Mark J. Osiel and published by Routledge. This book was released on 2017-07-05 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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


Obeying Orders Related Books

Obeying Orders
Language: en
Pages: 555
Authors: Mark J. Osiel
Categories: Social Science
Type: BOOK - Published: 2017-07-05 - Publisher: Routledge

DOWNLOAD EBOOK

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
Obeying Orders
Language: en
Pages: 409
Authors: Mark J. Osiel
Categories: Law
Type: BOOK - Published: 2017-07-05 - Publisher: Routledge

DOWNLOAD EBOOK

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
Just Following Orders
Language: en
Pages: 400
Authors: Emilie A. Caspar
Categories: Psychology
Type: BOOK - Published: 2024-07-25 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

How can obedience and carrying out orders lead to horrific acts such as the Holocaust or the genocides in Rwanda, Cambodia, or Bosnia? For the most part, it is
International Conflict and Security Law
Language: en
Pages: 358
Authors: Richard Burchill
Categories: Law
Type: BOOK - Published: 2005-06-23 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Hilaire McCoubrey wrote extensively in the area of armed conflict law, and on the issues of collective security law and the law relating to arms control. Althou
Obedience to Authority
Language: en
Pages: 201
Authors: Stanley Milgram
Categories: Social Science
Type: BOOK - Published: 2017-07-11 - Publisher: HarperCollins

DOWNLOAD EBOOK

A special edition reissue of the landmark study of humanity’s susceptibility to authoritarianism. In the 1960s Yale University psychologist Stanley Milgram fa