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Article 92 - Good Order and Military Discipline - Military Law Essays
Its specifics lie in coordinating the conduct and actions of military personnel and in serving to establish such relations as are required for successful joint essays on discipline. Military discipline as the essays on discipline of relations and behavior of servicemen constitutes a key component of internal order in military units and detachments.
It is known that functioning and development are inextricably linked together and, at the same time, are qualitatively distinct, essays on discipline, each being governed by its own specific laws. The unity of functioning and development is an expression of the contradictory mode of existence of the military organization just as of any system in generalin essays on discipline functioning corresponds to relative rest, and development, to absolute motion.
The interconnection and specifics of the functioning and development of the military organization as an integrated system determine the common character of military discipline and military control, essays on discipline, and the difference between them.
What they have in common is that both of them are kinds of organizational relations and act as essays on discipline or aspects of the military organization. And the difference between them is that discipline ensures the functioning of the Armed Forces as a system, whereas control ensures their development. In other words, military discipline is a mechanism for maintaining, and military control is a mechanism for transforming the military essays on discipline. Discipline is the aspect of the military organization that ensures a stabilization of its level, whereas control is the aspect that carries the Armed Forces to a higher level of development.
Currently there is a fully shaped view on the psychological foundations of discipline as a specific set of personal and interpersonal structures and processes in mental regulation, which secure normative behavior in servicemen.
The set includes the following: individualized personal sense of discipline structure, development, conditions of functioning, causes and forms of disciplinary deviationssocial psychology of group interpersonal disciplinary processes and structures, managerial psychological mechanisms for discipline, etc.
Enhancing the normative component in behavior, including that of enlistees, is a continuous joint endeavor by the entire personnel, from commanders to subordinates, as for that matter is the essays on discipline to keep this kind of behavior at a required level.
Also participating in the endeavor are collective—formal and informal—structures of the military public. The latter, essays on discipline, as the present writer sees it, impact on the state of discipline mostly in the negative fashion because they possess a normative system of their own, which is incompatible with the one based on the army regulations.
All enlistees, both as personalities and members of definite service and public structures including those with a negative impact on disciplinetheir relations and degree of activity form in the aggregate the disciplinary system of an element unit. Psychological support for troops has emerged as a necessity because this kind of work can deal, to a considerable extent, with a set of specific psychological problems arising within disciplinary systems at all levels, not the lower echelons alone, as is often believed.
Occasionally it is just the matter of an enlistee being unprepared for discipline-abiding lifestyle ignorance of army regulations, orders and regulatory documents.
Sometimes, however, psychological problems stem from clearly expressed anti-disciplinary attitudes in some or other serviceman, which attitudes tend to disorganize military activities, mixing, and off-duty routine.
Two groups of disciplinary psychological problems are identified. Military command and control agencies, for their part, do not have enough energy and skills to consistently and confidently regulate the activities of their subordinates. This group of disciplinary and psychological problems is subdivided into three components: motivation problems of discipline, essays on discipline, problems of normative or organizational incompetence, and mental disorganization problems, essays on discipline, both personal and group, including managerial.
The second group of disciplinary and psychological problems is linked with the existence of overt or covert alternative and essays on discipline disciplinary systems, both individual and group, complete with the ways and rules of their own, which are incompatible with the army regulations, essays on discipline, laws, and even human morality.
Conscription-based military units are characterized by different forms of extra-regulation relations barracks-room hazing, friendly societies of persons coming from same districtwhich are unlikely to disappear completely with the conversion to enlistment.
Separate servicemen, too, may impose their own regulations within elements, something that forms part of their behavioral strategy directed at strengthening their leadership within the system of relations along with their informal power.
This kind of negative sociological consciousness essays on discipline responsible for the situation where people essays on discipline not prepared to accept certain restrictions of their freedom and needs for the sake of general organization and security.
The unfavorable tendencies are enhanced by the sick sociopsychological background created by social deviations in society, like alcoholism, drug addiction, crime, essays on discipline, abuse of power, etc, essays on discipline. As a result, the RF Armed Forces acquire enlistees possessing a definite experience of this kind as well as stable negative motivation attitudes Some other reasons generating disciplinary and psychological problems are the conditions, factors, events, as well as such decisions and actions coming from senior chiefs as will prevent a soldier from implementing his normative motivation.
If willingness to obey discipline is not encouraged and contrasts with the behavior of other servicemen, if obeying some ordinary rule takes an almost heroic effort, the inner resources of discipline are dissipated quite rapidly. Military discipline is a daily concern of the military district commander, his deputies, the military council, essays on discipline, and unit and formation commanders at all levels in the district. Only a short while ago it was believed that crime, alcohol and drug abuse, essays on discipline, suicides and other deviations from social norms were survivals of the distant past and that at a certain point in the development of society they would disappear altogether.
Back in the early 20th century, the French sociologist Emile Essays on discipline came to the conclusion that social deviation, essays on discipline, including crime, is a phenomenon which has never been and can never be eliminated altogether in any society. A natural question arising in this context is whether this social deviation phenomenon is characteristic of the Armed Forces? It certainly is, because the armed forces are an integral part of the state and society, and servicemen essays on discipline a part of the people.
First, all essays on discipline positive and negative behavioral trends and regularities intrinsic to society fully manifest themselves in the behavior of servicemen, essays on discipline. Third, the armed forces with strictly regulated military service are a social institution with its own specific social norms in addition to those existing in society.
In the army, the behavior of servicemen is more tightly regulated compared with other social units and institutions. In view of that, servicemen are more likely to depart from the established norms, since the normative value system of the armed forces allows them a lesser degree of freedom in choosing a line of behavior.
The task we face today is to work out and introduce into the combat training process the most effective and sometimes unconventional forms and methods of maintaining the required standards of personal officer and nco training so as to keep the most promising of them in the Armed Forces, essays on discipline.
It is also clear that an officer, essays on discipline, nco or soldier for that matter working hard at his professional job simply has no time to commit any offenses.
This truth has stood the test of history on many occasions. It is no accident that military leaders and commanders have always regarded a tightening of discipline among the troops as a task of paramount importance.
Orders are either lawful or unlawful. Upon enlisting each soldier swore the following oath. I do solemnly swear or affirm that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that Essays on discipline will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.
A general order or regulation is lawful unless it is contrary to the Constitution, essays on discipline, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it. In the armed forces of the United States, officers Both commissioned and non-commissioned. are expected to issue orders to subordinates, essays on discipline, in order to carry out assigned duties.
These orders are assumed By them. to be lawful i. Recruits are taught to obey, immediately and without question, orders from their superiors, essays on discipline, right from day-one of boot camp. Military members who fail to obey the lawful orders of their superiors risk serious consequences. Article 90 of the Uniform Code of Military Justice makes it a crime for a military member to WILLFULLY disobey a superior commissioned officer.
Article 91 makes it a crime to WILLFULLY disobey a superior Noncommissioned or Warrant Officer, essays on discipline. In fact, under Article 90, during times of war, a military member who essays on discipline disobeys a superior commissioned officer can be sentenced to death. Not necessarily. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it, essays on discipline.
Military courts have long held that military members are accountable for their actions even while following orders — if the order was illegal. During the War with France, Congress passed a law making it permissible to seize ships bound to any French Port. However, when President John Adams wrote the order to authorize the U. Navy to do so, he wrote that Navy ships were authorized to seize any vessel bound for a French port, or traveling from a French port.
Navy captain seized a Danish Ship the Flying Fishwhich was en route from a French Port. The owners of the ship sued the Navy captain in U, essays on discipline. maritime court for trespass. They won, essays on discipline, and the United States Supreme Court upheld the decision. The U. The decisions during these cases reaffirmed that following manifestly illegal orders is not a viable defense from criminal prosecution. In United States v.
Keenan, the accused Keenan was found guilty of murder after he obeyed in order to shoot and kill an elderly Vietnamese citizen. In some cases, orders issued by officers are illegal on their face Are unlawful orders. An example would be the massacre of unarmed civilians at My Lai, Vietnam, which was carried out by a U.
Another example occurred in Iraq, at Abu Ghraib. Soldiers, whom were under orders to do so. These were issued by private contractors, given authority to issue such orders, by the Department OF Defense. so as to not comply with unlawful orders, and above and beyond it all keep up military bearing and courtesy.
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Upon enlisting each soldier swore the following oath; I do solemnly swear or affirm that I will support and defend the Constitution of the United States against all enemies, essays on discipline and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.
Related posts: Sullivan v. United States Schlesinger, v. Councilman — Oral Argument — December 10, Reid v. Covert Brown v. Glines — Oral Argument essays on discipline November 06, Hi there, would you like to get such a paper? How about receiving a customized one? Check it out. GET YOUR CUSTOM ESSAY SAMPLE. We can't stand spam as much as you do No, thanks. I prefer suffering on my own. However, we might edit this sample to provide you with a plagiarism-free paper Edit this sample.
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