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p. 222. The arc of civilianizationlocked

  • Eugene R. Fidell

Abstract

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 justice. The trend has been resisted in some quarters, but now has enough momentum that it will continue—but how far? ‘The arc of civilianization’ outlines the similarities and disparities between military and civilian legal systems in different countries; explains the Uniform Code of Military Justice and the Manual for Courts-Martial; and shows how civilianization has occurred on multiple levels. The rule-making process itself usually involves civilian officials and in some countries the senior judge in a court-martial may not be a uniformed officer.

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