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The Limits of Military Officers’ Duty to Obey Civilian Orders: A Neo-Classical Perspective: A Neo-Classical Perspective

Strategic Studies Institute (U.S.)
en Paperback – 19 oct 2015 – vârsta de la 19 ani
This monograph offers a neo-classically republican perspective on a perennial problem of civilian-military relations: limitations on military officers’ obligation to obey civilian authorities. All commentators agree that military officers are generally obliged—morally, professionally, and legally—to obey civilian orders, even as they agree that this rule of obedience must admit exceptions. Commentators tend to differ, however, on the basis and breadth of these exceptions.

Following Samuel Huntington’s classic analysis in The Soldier and the State, this monograph shows that disagreement about the breadth of the exceptions tends to assume that their moral, professional, and legal bases are incommensurable. The publication suggests, to the contrary, that all defensible exceptions to the rule of military obedience, like that rule, itself, derive from a single neo-classical, Huntingtonian standard (binding to civilian authorities and military officers, alike): the common good. This perspective promises to significantly reduce the range of disagreement over the limits of military obedience, both in theory and in practice.
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Specificații

ISBN-13: 9781584876960
ISBN-10: 1584876964
Pagini: 71
Dimensiuni: 152 x 229 x 6 mm
Greutate: 0 kg
Editura: United States Dept. of Defense
Colecția Department of the Army

Notă biografică

ABOUT THE AUTHOR
 
ROBERT E. ATKINSON, JR., is the Greenspoon Marder Professor of Law, Florida State University.  Previously, he clerked for Judge Donald Stuart Russell of the United States Court of Appeals for the Fourth Circuit. He practiced law with Sutherland, Asbill & Brennan in Washington, DC, before joining the faculty at the Florida State University College of Law, where he writes and lectures on philanthropy, property, and professionalism. Mr. Atkinson holds degrees in history and philosophy from Washington and Lee University, and a law degree from Yale University.