United Kingdom Military Law: Autonomy, Civilianisation, Juridification

Rubin, Gerry (2002) United Kingdom Military Law: Autonomy, Civilianisation, Juridification. Modern Law Review, 65 (1). pp. 36-57. ISSN 0026-7961. (The full text of this publication is not available from this repository)

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Official URL
http://dx.doi.org/10.1111/1468-2230.00365

Abstract

This paper argues that military law has undergone a long-term process of change. Previously an autonomous legal system with little civilian input at the administrative, judicial and policy-making levels, military law became subject to a consensual policy of civilianisation from the early 1960s, reflected primarily in the adoption of civilian criminal law norms by the military justice system. More recently there has emerged the juridification of significant areas of military relations in respect to discipline and certain other terms of service which hitherto have not been subject to externally imposed legal regulation. Explanations for the shifts from autonomy, through civilianisation, and then to juridification, ranging from political and social developments to new human rights and equal opportunities discourses, are offered for such changes.

Item Type: Article
Uncontrolled keywords: military law, social change
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Katrin Steinack
Date Deposited: 19 Dec 2007 18:05
Last Modified: 25 Jan 2013 13:06
Resource URI: http://kar.kent.ac.uk/id/eprint/227 (The current URI for this page, for reference purposes)
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