Mark Osiel - Obeying orders: atrocity, military discipline, & the law of war
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Obeying orders: atrocity, military discipline, & the law of war
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Obeying Orders : Atrocity, Military Discipline, and the Law of War
author
:
Osiel, Mark.
publisher
:
Transaction Publishing
isbn10 | asin
:
156000407X
print isbn13
:
9781560004073
ebook isbn13
:
9780585342122
language
:
English
subject
Superior orders (Criminal law) , Military offenses, Military discipline, War crimes.
publication date
:
1999
lcc
:
K4760.S85O84 1999eb
ddc
:
345/.04
subject
:
Superior orders (Criminal law) , Military offenses, Military discipline, War crimes.
Page iii
Obeying Orders
Atrocity, Military Discipline & the Law of War
Mark J. Osiel
Page iv
Copyright 1999 by Transaction Publishers, New Brunswick, New Jersey.
All rights reserved under International and Pan-American Copyright Conventions. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without prior permission in writing from the publisher. All inquiries should be addressed to Transaction Publishers, RutgersThe State University, 35 Berrue Circle, Piscataway, New Jersey 08854-8042.
This book is printed on acid-free paper that meets the American National Standard for Permanence of Paper for Printed Library Materials.
Library of Congress Catalog Number: 98-38647 ISBN: 1-56000-407-X Printed in the United States of America
Library of Congress Cataloging-in-Publication Data
Osiel, Mark J. Obeying orders : atrocity, military discipline, and the law of war / Mark J. Osiel. p. cm. Includes bibliographical references and index. ISBN 1-56000-407-X (cloth : alk. paper) 1. Superior orders (Criminal law) 2. Military offenses. 3. Military discipline. 4. War crimes. I. Title. K4760.S85084 1998 345'.04dc21 98-38647 CIP
Page v
CONTENTS
Acknowledgments
vii
Introduction
1
Part I. Obedience to Superior Orders
1. Virtues and Vices of Military Obedience
13
2. The Law of Military Obedience
41
3. The Uncertain Scope of "Manifest" Illegality
71
Problems with Prevailing Law
4. Sparse and Unsettled Rules
91
5. The Weightlessness of Moral Gravity
113
6. Irregularity amidst Procedural Formality
121
7. Atrocities "Vanish" by Verbal Artistry
125
8. Views of Atrocity in Legal Theory: Positivist, Naturalist and Postmodernist
137
9. Individual Responsibility for Systemic Horrors?
145
Part II. Averting Atrocity
Roots of Atrocity and Law's Response
10. Legal Norms and Social Practices in Military Life
161
11. Cold Hearts and the Heat of Battle: Atrocity from above or from Below?
173
12. Permutations on Perversity: Atrocity by Connivance and Brutalization
187
Social Bases of Military Obedience
13. Why Do Men Fight?
201
14. Morale and Morality: An Uneasy Relationship
223
Page vi
Part III. Freedom and Constraint in Military Life and Law
15. Rules vs. Standards in Military Law
233
16. Martial Courage as Moral Judgment
247
17. Promoting Practical Judgment
263
18. What Soldiers Know
281
19. Misreading Orders Morally
297
20. Disobedience as Creative "Compliance"
315
21. Living with Lawyers
341
22. Applying Applied Ethics, or Where the Rubber Hits the Road
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