{"title":"保护的义务?武装冲突中军官的法律意识","authors":"SINE VORLAND HOLEN","doi":"10.1111/jols.12405","DOIUrl":null,"url":null,"abstract":"<p>Military personnel participating in international operations are often deployed to areas where armed groups inflict violence on civilians. In such instances, soldiers must decide how to respond, effectively becoming executors of the law. This article draws on legal consciousness theory and 33 interviews with Norwegian military officers to explore what soldiers perceive as the ‘law’ and how they make sense of legality in determining what constitutes a just response. It finds that officers are conscious of three sources of legality – a mission mandate, a senior commanding officer, and a personal obligation to humanity – which they stand before, engage with, and struggle against, respectively. In actively drawing on these ideas about justice, the officers create and reproduce order in violent contexts. This article adds to theoretical debates about the different ways in which people invoke the law in difficult circumstances. It contributes empirically to an understanding of why authorized militaries behave inconsistently when encountering violence against civilians.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 1","pages":"17-38"},"PeriodicalIF":1.3000,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12405","citationCount":"0","resultStr":"{\"title\":\"A duty to protect? Legal consciousness among military officers in armed conflict\",\"authors\":\"SINE VORLAND HOLEN\",\"doi\":\"10.1111/jols.12405\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>Military personnel participating in international operations are often deployed to areas where armed groups inflict violence on civilians. In such instances, soldiers must decide how to respond, effectively becoming executors of the law. This article draws on legal consciousness theory and 33 interviews with Norwegian military officers to explore what soldiers perceive as the ‘law’ and how they make sense of legality in determining what constitutes a just response. It finds that officers are conscious of three sources of legality – a mission mandate, a senior commanding officer, and a personal obligation to humanity – which they stand before, engage with, and struggle against, respectively. In actively drawing on these ideas about justice, the officers create and reproduce order in violent contexts. This article adds to theoretical debates about the different ways in which people invoke the law in difficult circumstances. It contributes empirically to an understanding of why authorized militaries behave inconsistently when encountering violence against civilians.</p>\",\"PeriodicalId\":51544,\"journal\":{\"name\":\"Journal of Law and Society\",\"volume\":\"50 1\",\"pages\":\"17-38\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2023-02-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12405\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Law and Society\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/jols.12405\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12405","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
A duty to protect? Legal consciousness among military officers in armed conflict
Military personnel participating in international operations are often deployed to areas where armed groups inflict violence on civilians. In such instances, soldiers must decide how to respond, effectively becoming executors of the law. This article draws on legal consciousness theory and 33 interviews with Norwegian military officers to explore what soldiers perceive as the ‘law’ and how they make sense of legality in determining what constitutes a just response. It finds that officers are conscious of three sources of legality – a mission mandate, a senior commanding officer, and a personal obligation to humanity – which they stand before, engage with, and struggle against, respectively. In actively drawing on these ideas about justice, the officers create and reproduce order in violent contexts. This article adds to theoretical debates about the different ways in which people invoke the law in difficult circumstances. It contributes empirically to an understanding of why authorized militaries behave inconsistently when encountering violence against civilians.
期刊介绍:
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.