The civil courts’ challenge to military justice and its impact on the civil–military relationship

Collins, Pauline (2016) The civil courts’ challenge to military justice and its impact on the civil–military relationship. In: Military Justice in the Modern Age. Cambridge University Press, United Kingdom, pp. 57-80. ISBN 9781107042377

Abstract

Civil–military relations theory establishes a clear preference for civilian control over the military. Carl von Clausewitz was an early proponent of this theory, stating: ‘[p]olicy is the guiding intelligence and war only the instrument . . . No other possibility exists, then, than to subordinate the military . . . to the political’.2 However, there is very little agreement on the way in which that arrangement can be achieved or, indeed, the operation of the civil–military relationship more generally. Matthew Groves argues that ‘[i]t is possible that the absence of a settled body of doctrine reflects a wider lack of knowledge about the societal relationship between civilians and the military in modern society.


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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: Files associated with this item cannot be displayed due to copyright restrictions.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 19 Sep 2016 06:01
Last Modified: 01 Sep 2017 05:34
Uncontrolled Keywords: Civilian Courts; military; civil-military relations
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
Socio-Economic Objective: A Defence > 81 Defence > 8101 Defence > 810199 Defence not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/29666

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