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| 1 |
ID:
075434
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| 2 |
ID:
111913
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| Publication |
2012.
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| Summary/Abstract |
Although the law has always been a major reference point in the conduct of war, little scholarly attention has focused on the transformative effect of recent legal challenges, judicial rulings and inquiries on the armed forces themselves, notably the 2011 Gage Inquiry into the death of Baha Mousa and the Philip Inquiry into the Mull of Kintyre helicopter disaster. Despite this, the impact has been significant in the ways it has transformed the governance regime of British armed forces and the professional autonomy of the military. This article conceptualizes the impact of law on the armed forces as 'juridification'. In applying this concept, this article analyses the implications of this for the culture, conduct and organization of the British armed forces. It argues that juridification closes a civil-military relations gap between society on the one hand and the armed forces on the other. As important, juridification also brings with it permanent instability because of the inevitable conflicts that arise from the replacement of an old order based on authority, to a new military system based on rights. Thus the effects of juridification are not just a liminal moment-a transitory dislocation from established structures and the reversal of existing hierarchies-followed by the creation of a permanent new order. Rather, juridification has initiated an era of instability that is characterized by the absence of any permanent settlement of authority and rights in the governance of the armed forces. This has significant implications for the armed forces and their professional autonomy and the social, political and legal context in which armed forces have to operate.
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| 3 |
ID:
046261
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| Publication |
New York, Palgrave Macmillan, 2002.
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| Description |
x, 260p.
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| Standard Number |
0333946219
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Copies: C:1/I:0,R:0,Q:0
Circulation
| Accession# | Call# | Current Location | Status | Policy | Location |
| 046294 | 355.30947/FOR 046294 | Main | On Shelf | General | |
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| 4 |
ID:
064918
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| 5 |
ID:
112374
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| Publication |
2012.
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| Summary/Abstract |
This article reviews debates surrounding the Military Covenant and explores its salience for contemporary British civil-military relations. It explores why the concept of the Military Covenant was created, the nature of subsequent debates, and finally it reflects on the wider implications of this research. Locating the Covenant in debates concerned with the changing nature of the military profession, this article argues that the Covenant was created in 2000 as a response to a challenge to the Army's right to be different and thus its jurisdiction. However, tensions caused by new missions in Iraq and Afghanistan subsequently transformed the Covenant's use and meaning. Senior commanders extended the use of the Covenant to establish the boundaries of their expertise and legitimacy, whilst external actors with a variety of competing interests used the Covenant to contest "authoritative discretion" of the military within a clearly delineated professional space.
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| 6 |
ID:
104150
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| 7 |
ID:
052863
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| Publication |
Oxford, Oxford University Press, 2004.
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| Description |
84p.
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| Series |
Adelphi paper, 365
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| Standard Number |
0198566530
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Copies: C:1/I:0,R:0,Q:0
Circulation
| Accession# | Call# | Current Location | Status | Policy | Location |
| 048312 | 355.41/COT 048312 | Main | On Shelf | General | |
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| 8 |
ID:
065561
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