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The arc of civilianization

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 1589 words.

Since World War II, there has been an accelerating trend toward the assimilation of military and civilian legal systems, with military justice increasingly approximating civilian criminal...

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Command influence, lawful and unlawful

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 1978 words.

The military is a hierarchical and pervasively regulated society in which individuals can exert tremendous influence over subordinates. Military codes in the United States and elsewhere...

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Conduct unbecoming and all that

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 3243 words.

Much of the court-martial docket involves cases concerned with the same kinds of criminality seen in the civilian courts. ‘Conduct unbecoming and all that’ explains that the docket also...

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Introduction: Separate rules for a separate society

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 2163 words.

The military represents a specialized society within society as a whole. It has a specific purpose: the achievement of military goals that are in contrast to the goals of the larger...

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Military command and military discipline

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 3948 words.

To be effective, and something more than a collection of individuals with weapons, a military unit must be commanded. Commanders are responsible for achieving the unit’s objective, a...

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The military judiciary

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 1877 words.

Judicial independence is such a given in democratic countries that it tends to be taken for granted, but judicial independence is even more vulnerable in the context of military justice...

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Military Justice

Eugene R. Fidell.

October 2016; p ublished online October 2016 .

Book. Subjects: Warfare and Defence; Criminal Law. 160 pages.

Military Justice: A Very Short Introduction presents an accessible and honest assessment of the strengths and weaknesses of military justice in both common law countries and those with...

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Military justice in the field

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 1656 words.

Military justice has to be portable because armies deploy. Field operations in unfamiliar environments generate their fair share of military justice controversies. Some of these are a...

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Military lawyering

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 2385 words.

‘Military lawyering’ shows that increasingly, national military justice systems look much like civilian criminal trials with military or civilian lawyers acting as judges and other lawyers...

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Peering ahead

Eugene R. Fidell.

in Military Justice

October 2016; p ublished online October 2016 .

Chapter. Subjects: Warfare and Defence; Criminal Law. 3253 words.

What about the future? What new legal challenges can we expect given the strong likelihood of continuing military operations around the world, coupled with increased across-the-board...

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