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Military Justice: A Very Short Introduction

Military Justice: A Very Short Introduction  

Eugene R. Fidell

Print Publication Year: 
Oct 2016
Published Online: 
Oct 2016
eISBN: 
9780190625191
DOI: 
10.1093/actrade/9780199303496.001.0001
Item type: 
book
ISBN: 
9780199303496
A Very Short Introduction
5. Command influence, lawful and unlawful

5. Command influence, lawful and unlawful  

Eugene R. Fidell

in Military Justice: A Very Short Introduction

Print Publication Year: 
Oct 2016
Published Online: 
Oct 2016
eISBN: 
9780190625191
DOI: 
10.1093/actrade/9780199303496.003.0006
Item type: 
chapter
ISBN: 
9780199303496
5. Command influence, lawful and unlawful The military is a hierarchical and pervasively regulated society in which individuals can exert tremendous influence over subordinates. What is more, military codes in the United States and elsewhere vest tremendous discretionary power in commanders. “Command influence” occurs whenever a superior influences the action of some other participant in the military justice process. In common parlance, it smacks of overreaching and impropriety. But that connotation is in many situations unwarranted. Thus, command influence may be lawful or unlawful. Examples of entirely lawful command influence over the administration of justice include such core functions as
Introduction: Separate rules for a separate society

Introduction: Separate rules for a separate society  

Eugene R. Fidell

in Military Justice: A Very Short Introduction

Print Publication Year: 
Oct 2016
Published Online: 
Oct 2016
eISBN: 
9780190625191
DOI: 
10.1093/actrade/9780199303496.003.0001
Item type: 
chapter
ISBN: 
9780199303496
Introduction: Separate rules for a separate society To understand military justice you have to confront two threshold questions. Is the military a “separate society”? Should it be? The answers to these questions will determine the nature and scope of military justice in any particular country and will tell a good deal about that country’s political values.
2. The arc of civilianization

2. The arc of civilianization  

Eugene R. Fidell

in Military Justice: A Very Short Introduction

Print Publication Year: 
Oct 2016
Published Online: 
Oct 2016
eISBN: 
9780190625191
DOI: 
10.1093/actrade/9780199303496.003.0003
Item type: 
chapter
ISBN: 
9780199303496
2. The arc of civilianization Since World War II, there has been an accelerating trend toward the merging of military and civilian legal systems. The trend has been resisted by some old-timers, but now has enough momentum that it will continue—but how far?

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