The Army And The Law PDF Download

PREFACE This book deals with the army only in its relation to the common law which governs the general public, and with the soldier only in so far as his activities are, in point of law, of interest to non-military persons. It is an endeavor simply to assemble the principles of law which impose duties upon the civilian, citizen, or enemy, quite as much as they give him rights which the army must observe. Hence I do not treat of the rules governing the internal affairs of the army except in so far as they bear on its rights and obligations with respect to people who are not members of its personnel. For the same reason, I have avoided mention of the laws of war, and matters of strict international law, beyond such passing reference as might be necessary to indicate the boundaries of the jurisdiction of common law courts. Jurisdiction, as the Supreme Court has said, means simply the power to decide a case l and many controversies are possible with respect to the army which common law courts cannot decide. All such matters I have endeavored to classify as non-justiceable, and to say no more about them than might be necessary for purposes of classification. Such is my appointed path, and for all deviations from it my apologies are tendered in advance. The protection of the State from the public enemy, using that term in its broadest aspect, as distinguishing the public enemy from the casual malefactor, has always belonged to an organized force of armed men who in their collective aspect embody the physical force of the nation. This implies several things. First, the actions of this collective body must be governed by some sort of directions issuing from some power of State and for convenience these directions are disseminated, through repetition or amplification, by various sub- ordinate agents forming part of the force. Hier- archy is, therefore, inseparable from the idea of control. From this logically flows a duty of obedience to these directions on the part of the various members of the force. Finally, an army, whether created for a par- The following expressions from the Army Regulations contain the whole duty of man in this respect Command is exercised by virtue of office and special assignment of officers holding military rank who are eligible by law to exercise command. Without orders from competent authority an officer cannot put himself on duty by virtue of his commission alone, except as contemplated in the twenty- fourth and one hundred and twenty-second articles of war. Art. IV, Command. All persons in the military service are required to obey strictly and to execute promptIy the lawful orders of their superiors...