Bulldog decision

Theoretical basis The theoretical basis for this case is a focus on ethical decision-making based upon a decision-making tree proposed by Bagley et al. (2003). Once multiple options are determined as ethical, integrating authentic leadership into the decision-making process can help leaders made difficult decisions. Research methodology The authors conducted extensive research through IBISWorld, EBSCOhost, and academic journals to review ethical decision-making and authentic leadership. The authors successfully piloted the case with over 100 undergraduate and graduate students enrolled in leadership courses. Case overview/synopsis The case describes an ethical decision a young commanding officer must make. A soldier under their leadership has been charged with an inappropriate relationship with a minor. The officer must decide between two actions that are legal within the military justice system. Each decision has ramifications that will significantly affect the organization. Complexity academic level The case is best taught in undergraduate and graduate leadership courses. Course participants do not need a detailed understanding of military leadership or military law to apply fundamental concepts.

HONOUR OF THE SOLDIER

In the Republic of Latvia, a soldier performs public service in the field of national defence and his/her legal status is a right guaranteed by the state, statutory duties, restrictions, and disciplinary liability, which are currently regulated by military law, administrative law and administrative procedure law. In addition to the regulation of special and general legal norms, a soldier also has important and binding moral values, because in Latvia "honour" is a characteristic of a soldier, which is inextricably linked to the soldier's profession both historically and of military service. Within the framework of the paper, the author has studied the concepts, essence, genesis and development of such values of a soldier as "honour" and "dignity", from the historical and modern point of view, both in civil life and military science. The author has also clarified their role in the legal status of a soldier and concluded that the existing legal status of a soldier should be elaborated and can be defined as a right guaranteed nowadays. Although not explicitly defined, it should be included in the legal status of a soldier as a military ethical requirement for his dignity and trust, integrity and duty in the performance by the state, statutory duties and restrictions, disciplinary liability and honor as a military ethical requirement.

Sovereignty, Territoriality, and Law

This chapter seeks to analyze the changing meaning of ‘peace’ under an early colonial regime which was perpetually at war. ‘Peace’ in early colonial South Asia no longer meant the absence of conflict, but rather a period when problems of war assumed an urgent significance. From paying soldier’s arrears incurred during military conflicts to disciplining them in times when the Company state was not formally at war—‘peace’ was no longer the opposite of war. Rather it was the fleeting opportunity to re-tool the apparatus of colonial war-making. Conquest did not occur in a legal vacuum. This chapter analyses debates about military law and its significance for the early colonial regime’s claims to sovereign authority. Jurisdictional jockeying between competing sources of law went well beyond the need to maintain military discipline. Examining these debates opens up an unexplored world in which we can understand important questions relating to the territoriality of early colonial rule, the legal personality of the Company state and efforts to compare Britain’s garrisoning of Ireland with the organization of coercive force in South Asia.

Free-Living Dietary Intake in Tactical Personnel and Implications for Nutrition Practice: A Systematic Review

Tactical personnel (including military, law enforcement, and fire and rescue) are responsible for ensuring national and public safety. Dietary intake is an important consideration to support optimal health and performance. The aims of this systematic review were to: (1) describe the reported free-living dietary intake (energy and macronutrients) of tactical personnel, and (2) describe the practical implications of reported dietary intakes to support the physical and dietary requirements of tactical personnel. A systematic search of databases (MEDLINE, EMBASE, CINAHL and Web of Science) was conducted following the PRISMA guidelines. English and full text research articles were identified and screened against inclusion and exclusion criteria. Demographic and dietary intake data were extracted, tabulated, and synthesized narratively. The quality of the studies was assessed using the Academy of Nutrition and Dietetics Quality Criteria Checklist. Twenty-two studies (15 military, 4 law enforcement, and 2 fire and rescue) were eligible to inform this review. The volume of evidence suggested that tactical personnel met dietary protein and exceeded dietary fat recommendations but failed to meet energy and carbohydrate recommendations. Therefore, practical approaches to support optimized energy, fat and carbohydrate intake in tactical personnel is important.

The Limits of Family: Military Law and Sex Panics in Contemporary South Korea

This article explores the limits of family in contemporary South Korea by simultaneously examining the discourses and practices of anti-LGBT protesters and the state alongside an ethnography of queer and HIV/AIDS activism. The author argues that the limits of family in Korea ought to be conceived as a problem with sex incorporating both “substance” and the practice of having sex. He explores these limits of family through a broadening understanding of family law in Korea, focusing on the anti-sodomy clause in the Military Penal Code and mandatory HIV/AIDS testing. The author contends that to broaden the concept of family law to laws such as the anti-sodomy clause and mandatory HIV/AIDS testing demonstrates the intricate and unexplored ways the Korean family is produced through military laws and regulations. This is a recursive process, for the heteronormative expectations of family members are inscribed within military law, rhetorically casting the family as a threatened body that needs protection. However, the normative experience of the family in crisis produces violence against gender and sexual minorities. The author concludes by discussing the dangerous implications of these family laws.

Correction and re-socialization of convicted members of the Armed Forces: current state and prospects of their implementation and improvement

The analysis of military crimes committed from 2014 till 2020, the process of the development of the Armed Forces of Ukraine and a range of issues related to the process of correction and re-socialization of convicted members of the armed forces are represented in the article. Studying and determining the patterns of crimes committed while performing active duty in Ukraine, as well as the educational impact of remedies and re-socialization applied to convicted members of the armed forces is studied insufficiently and needs more attention from scholars. One of the main problems that remains relevant among scholars to this day is the development and implementation of optimal ways to correct convicted members of the armed forces. The state of affairs studied during the Anti-Terrorist Operation on Protection the Independence, Sovereignty and Territorial Integrity of Ukraine in Donetsk and Luhansk Regions showed that the criminal-executive system was not ready for the growth of the number military criminals. Taking into account the specifics of these subjects of criminal offenses, and the rapid development of the Armed Forces of Ukraine, which are in a state of undeclared war with the Russian Federation, we have proposed the necessary measures to correct and re-socialize convicted members of the armed forces in order to meet their needs and protect their rights and interests and, what is most importantly, to develop law-abiding behavior of the personality of a convicted member of the armed forces. The criminological portrait of a military criminal was also considered in the article. The changes through the prism of reforms in the defense sector were analyzed. Moreover, the international experience of studying the problems related to military crimes was analyzed. On the basis of the conducted analysis, corrective measures were proposed. Today, under the influence of legislative changes caused by Ukraine’s movement towards NATO membership, the transformation of the personnel of the Armed Forces of Ukraine was studied, and the ways to address the emerging needs of the members of the armed forces were proposed. Key words: correction, Military law enforcement service, members of the armed forces, offense, punishment, crime.

Theoretical foundations and development priorities of national security rights

The legal content of national security is revealed in the law of national security and becomes a crucial area for the development of legal science in modern conditions of the armed aggression unleashed by the Russian Federation against Ukraine and crisis processes in the international security system. The purpose of this study was to determine the features of national security law as a branch of the national legal system and establish prospects for the development of this branch of law. This study employed a set of methods, which include dialectical, Aristotelian, historical-legal, comparative-analytical, sociological methods, as well as methods of structural analysis, legal modelling, and forecasting. National security law is considered an independent branch of law that demonstrates its public significance in the legal support of national security. National interests, as generally significant interests protected by law, form objects of national security law, are reflected in social communications, which, under the influence of national security law, acquire the features of legal strategic communications. At the same time, the integrative qualities of national security law are manifested in interaction with international security law and military law. National security law forms a system of legal support for national security. Priorities for the development of national security law are implemented in a complex of research, organisational and educational measures, which determines the introduction of the corresponding scientific speciality and educational specialisation. The practical value of the study was to cover the features of national security law as a value-normative system of statuses, rules of conduct, communications, which has public recognition and is legitimised to ensure safe conditions for human life, the existence and development of society and the state, and to justify the development of the subject area of national security law towards qualitative indicators of legal support of all components of the national security system, structuring its types, levels – from national to international, entering the legal system of collective international security based on international principles and standards that form such a security system

Application of Military Law Against TNI Members Who Commit Desertion Crimes

This study aims to: 1) To analyze the application of military criminal law against members of the TNI perpetrators of desertion crimes; 2) To analyze the constraints in the enforcement of miiliter criminal law against members of the TNI perpetrators of desertion crimes. This study uses normative-empirical legal research, while the data analysis used is qualitative approach to primary data and secondary data. where in analyzing / processing data first held organizing of primary data obtained through related legislation and literature. Then the collected data is then discussed, compiled, elaborated, and interpreted, and reviewed the problem so that a conclusion is obtained as a problem solving effort. The results showed that the application of military criminal law against members of the TNI who were proven to commit desertion crimes is the authority of the military judiciary to prosecute him, then the stages in the form of investigations conducted by the Military Police on the orders of the Superior Who Has the Right to Punish (Ankum). furthermore, the investigation file is given to the Military Oditur to be studied, then the military oditur makes an indictment to be delegated to the Military Judiciary, after the judiciary feels sufficient with the files of the Military Oditur, then the military judiciary will prosecute members of the military who are accused of desertion. Furthermore, constraints in law enforcement related to desertion crimes are reviewed from 4 interrelated aspects, namely with regard to legal subtansi, the legal structure itself, facilities or infrastructure, and the community. The settlement of cases in the military judiciary at this time has been well arranged, but it is expected that all who play a role in the process of resolving military cases do all these stages based on Justice and Positive Law. The application of existing regulations must be done consistently and always conducted a review of desertion cases so that from these obstacles can be found solutions and solutions to reduce the quantity of desertion crimes.

Droit militaire romain tardif dans le code de Bavière

This paper investigates the influence of late Roman military law on the Lex Baiuvariorum – a text, which served as the basis for the Merovingian kings’ organization of the Frankish kingdom’s eastern border-region as a ducatus or duchy. Particular considerations concerning the historical background of the Bavarian duchy’s formation will be addressed, after which provisions for the protection of the Bavarian dux or duke, largely as relates to treason and military discipline, will be investigated. By comparing sources for the Roman crimen laesae maiestatis and other legal texts of Roman military writers, it will be demonstrated that the provisions of the Bavarian law-code clearly bear the influence of Roman military law.

MILITARY TORT � A PHENOMENON OF MODERN LEGAL SCIENCE

The article considers the problem of general awareness of the legally significant properties of military offences (crimes, misdemeanours), their relationship with other types of offences, which is actually an urgent task, especially for the science of military law and the integration of legal science � general theory of law. Based on the analysis of terminological and conceptual aspects of military offences (crimes, misdemeanours), their own typology, legal features and features of the composition, the author of the article proposes their generalized definition as �military torts�. The study of the essence and content of military tort as a phenomenon of modern legal science, as well as ways to prevent, detect and stop it, is a special, special law enforcement tool within the leading institute of military law. Further study of the phenomenon of military tort provides an opportunity to form an independent complex scientific field - military tort. It is proved that the causes and conditions of offences in the Armed Forces of Ukraine involve a complex set of factors, processes and phenomena. At the same time, they are characterized by a number of features due to the specifics of military service and the activities of troops (forces). For example, the activities of personnel, internal order, military life and other military-public relations, which are regulated as much as possible by the rules of military statutes. In addition to military statutes, military-public relations are regulated by other rules of law, for example, the scope of criminal law is much broader � servicemen are responsible for committing both general crimes and military criminal offences. Considering the subject of research, which is a �military tor� as a phenomenon of modern legal science, it should be noted that in the theory of law and in the practice of personnel in the direction of legal support of military formation used phrases such as �military administrative offences�, �criminal offences�. Against the established order of military service (military criminal offences)�, �war crimes�, �military and disciplinary offences in the military sphere�, �criminal order or instruction �, etc. Therefore, there is a problem in determining the meaning of terms, and there are several reasons for this. The first, classic - the definition of the term allows you to outline the subject of research and discussion, the range of related problems. Another is the problem of the spread of offences in the military sphere, i.e. ensuring the national security and defense of Ukraine, due to its specificity is global (phenomenal) and therefore can be most effectively solved only if joint efforts are made at both international and national levels. Ensuring their effective interaction directly depends on a consistent understanding and interpretation of terminology in the direction of the study of lawful behaviour or the causes and conditions of deviant �tort� behaviour of service members. Thus, we see that the epistemological processes of formation of military torts as a phenomenon of scientific and legal category is characterized by a certain inconsistency, ambiguity and fragmentation, generated by situational aspects of necessity. However, we can determine that a military tort is a set of illegal (anti-social) acts (crimes or misdemeanours) provided by the current criminal legislation of capable subjects of military-public relations, encroaching on the foundations of national security, organization of the Armed Forces of Ukraine and public order. Understanding and understanding of the acquired knowledge should be the basis for improving the institution of legal responsibility of servicemen in the military sphere as a fundamental means of protection, mechanism, guarantor, designed to ensure regulatory, protective and protective function of military law, without which the existence and development of modern Ukrainian army is impossible.