|
|
|
|
||||
|
||||
Law and Honour: Normative Pluralism in the Regulation of Military ConductRain LiivojaMelbourne Law School May 9, 2012 Jan Klabbers & Touko Piiparinen (eds), Normative Pluralism and International Law: Exploring Global Governance (Cambridge University Press, 2013, Forthcoming) U of Melbourne Legal Studies Research Paper No. 582 Abstract: National legal systems as well as international law seek to place constraints on the conduct of military personnel. But service members are also commonly guided by a body of professional ethics - a set of non-legal rules that often revolve around the notion of honour. This paper considers a particular technique for reducing the potential normative dissonance between rules of law and rules of honour - the incorporation of codes of honour into law by reference. The paper argues that the rules of national military law that prescribe punishment for disgraceful conduct, as well as the rules of the law of armed conflict prohibiting treachery, are open-ended and their content depends on the conceptions of honourable military conduct prevailing at the time.
Number of Pages in PDF File: 23 Keywords: treachery, prejudicial conduct, honour, normative pluralism JEL Classification: K00, K30 Accepted Paper SeriesDate posted: May 10, 2012 ; Last revised: October 23, 2012Suggested CitationContact Information
|
|
||||||||||||||
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
FAQ
Terms of Use
Privacy Policy
Copyright
This page was processed by apollo7 in 0.297 seconds
