Soviet Military Law and Administration. Vol. 17

1957 ◽  
Vol 12 (1) ◽  
pp. 147
Author(s):  
Rudolph Schlesinger ◽  
Harold J. Berman ◽  
Miroslav Kerner
Keyword(s):  
Military Law

Soviet Military Law and Administration

1956 ◽  
Vol 32 (3) ◽  
pp. 380-380
Author(s):  
Leonard Schapiro
Keyword(s):  
Military Law

A Treatise on the Military Law of the United States

1898 ◽  
Vol 12 (2) ◽  
pp. 148
Author(s):  
S. H. ◽  
George B. Davis
Keyword(s):  
United States ◽  
The United States ◽  
Military Law ◽  
The Military

Military Necessity and the Cultures of Military Law

2013 ◽  
Vol 26 (2) ◽  
pp. 315-349 ◽  
Author(s):  
DAVID LUBAN
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Legal Regulation ◽  
Systematic Analysis ◽  
Law Of War ◽  
Military Necessity ◽  
Starting Point ◽  
Military Law ◽  
Interpretive Communities ◽  
The Military

AbstractMilitary and humanitarian lawyers approach the laws of war in different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. The result is two interpretive communities that systematically disagree not only over the meaning of particular law-of-war norms, but also over the sources and methods of law that could be used to resolve the disagreements. That raises the question whether military lawyers’ advice should acknowledge any validity to the contrary views of the ‘humanitarian’ community. The article offers a systematic analysis of the concept of military necessity, showing that civilian interests must figure in assessing military necessity itself. Even on its own terms, the military version of the law of war should seek to accommodate the civilian perspectives featured in the humanitarian version.

A Source Book of Military Law and War-Time Legislation

1919 ◽  
Vol 17 (6) ◽  
pp. 524
Author(s):  
H. L. Wilgus
Keyword(s):  
Source Book ◽  
Military Law

scholarly journals THE LEGAL EDUCATION OF THE BASIS FOR STRENGTHENING MILITARY DISCIPLINE

2020 ◽  
pp. 389-392
Author(s):  
Makhmudov R.M ◽  
Karimova B.N
Keyword(s):  
Military Personnel ◽  
National Guard ◽  
Legal Education ◽  
Legal Standards ◽  
The Republic ◽  
Military Law ◽  
The Right ◽  
Relationship Of ◽  
The Military

This article discusses the problems of legal education and strengthening the discipline of the military of the National Guard of the Republic of Uzbekistan as citizens of the rule of law. The role of law and its influence on the legal consciousness of military personnel is revealed. Features and specificity of the service of the military personnel of the National Guard of the Republic of Uzbekistan. The authors in the article will try to uncover the relationship of legal education and strengthening the discipline of military personnel. The role of the right to strengthen the charter knowledge of military personnel is revealed in detail. KEY WORDS: members of the National Guard, military regulations, legal standards, legal education, military law, legal support, specific features, the formation of a legal culture, strengthening discipline.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

Bulldog decision

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Travis Lee Cyphers ◽  
Julianne Renee Apodaca
Keyword(s):  
Decision Making ◽  
Theoretical Basis ◽  
Authentic Leadership ◽  
Ethical Decision ◽  
Ethical Decision Making ◽  
Content Type ◽  
Military Justice ◽  
Commanding Officer ◽  
Academic Level ◽  
Military Law

Theoretical basis The theoretical basis for this case is a focus on ethical decision-making based upon a decision-making tree proposed by Bagley et al. (2003). Once multiple options are determined as ethical, integrating authentic leadership into the decision-making process can help leaders made difficult decisions. Research methodology The authors conducted extensive research through IBISWorld, EBSCOhost, and academic journals to review ethical decision-making and authentic leadership. The authors successfully piloted the case with over 100 undergraduate and graduate students enrolled in leadership courses. Case overview/synopsis The case describes an ethical decision a young commanding officer must make. A soldier under their leadership has been charged with an inappropriate relationship with a minor. The officer must decide between two actions that are legal within the military justice system. Each decision has ramifications that will significantly affect the organization. Complexity academic level The case is best taught in undergraduate and graduate leadership courses. Course participants do not need a detailed understanding of military leadership or military law to apply fundamental concepts.

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