Obeying Orders: Atrocity, Military Discipline and the Law of War

ISBN-13: 9781138528994 / Angielski / Twarda / 2017 / 408 str.

Mark J. Osiel

Opis

Osiel argues that international and military law could more effectively prevent combat atrocities by studying how and why they occur. The author explores the moral and legal ambiguity of military discipline and the dilemma of obedience. The evidence is drawn from a wide array of recent wars and peace enforcement operations.

Spis treści

I: Obedience to Superior Orders; 1: Virtues and Vices of Military Obedience; 2: Tie Law of Military Obedience; 3: The Uncertain Scope of “Manifest” Illegality; 4: Sparse and Unsettled Rules; 5: The Weightlessness of Moral Gravity; 6: Irregularity amidst Procedural Formality; 7: Atrocities “Vanish” by Verbal Artistry; 8: Views of Atrocity im Legal Theory: Positivist, Naturalist and Postmodernist; 9: Individual Responsibility for Systemic Horrors?; II: Averting Atrocity; 10: Legal Norms and Social Practices in Military Life; 11: Cold Hearts and the Heat of Battle: Atrocity from Above or from Below?; 12: Permutations on Perversity: Atrocity by Connivance and Brutalization; 13: Why Do Men Fight?; 14: Morale and Morality: An Uneasy Relationship; III: Freedom and Constraint in Military Life and Law; 15: Rules vs. Standards m Military Law; 16: Martial Courage as Moral Judgment; 17: Promoting Practical Judgment; 18: What Soldiers Know; 19: Misreading Orders Morally; 20: Disobedience as Creative “Compliance”; 21: Living with Lawyers; 22: Applying Applied Ethics, or Where the Rubber Hits the Road; Conclusion

O autorze

Mark J. Osiel