Discrimination in the armed forces: A comparative analysis of the impact of UK abd US civilian law on the military.
IUS on the Armed Forces Conference, Chicago, Chicago, USA, 20 - 23 October 2011.
The civil-military relationship has predominantly been evaluated from a sociological or political science perspective. This paper examines the position of the Armed Forces within society, this so-called civil-military relationship, from a legal perspective. It undertakes a comparative analysis of US and UK civil law, in particular discrimination law, to determine how civil law has impacted on the military per se, rather than military law. The argument presented builds on Schiff’s concordance model of civil-military relations creating a socio-legal model of the inter-relationship of the armed forces with civil society grounded in cultural traditions but with absolute conditions. As such the paper provides insights for armed forces in general, not just the UK and US, as to future directions for the military’s relationship with civilian society.
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