Obeying Orders

Obeying Orders pdf epub mobi txt 电子书 下载 2025

出版者:Transaction Pub
作者:Osiel, Mark
出品人:
页数:412
译者:
出版时间:2001-8
价格:$ 38.36
装帧:Pap
isbn号码:9780765807984
丛书系列:
图书标签:
  •  
想要找书就要到 图书目录大全
立刻按 ctrl+D收藏本页
你会得到大惊喜!!

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' owninternal 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 prosecution. Obeying Orders thus offers a compelling answer to the question that has most haunted the moral imagination of the late twentieth century: the roots -- and restraint -- of mass atrocity in war.

具体描述

读后感

评分

评分

评分

评分

评分

用户评价

评分

评分

评分

评分

评分

本站所有内容均为互联网搜索引擎提供的公开搜索信息,本站不存储任何数据与内容,任何内容与数据均与本站无关,如有需要请联系相关搜索引擎包括但不限于百度google,bing,sogou

© 2025 book.wenda123.org All Rights Reserved. 图书目录大全 版权所有