97 - 2.1.1 We took the British Articles of War as our...

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9/7 1 Military Adultery Law vs. No Law for Cheating 1 Why does the military handle it the way it does? (jail, dishonorable discharge, demotion etc.) 1.1 Honor, reflection of the military 1.2 Having an affair is disruptive (for relationships and jobs)--ensuring that there is a social stability and social order in the ranks (higher ranks must be respected, if they are having an affair it will cause disorder within the unit) 1.3 King Arthur--affair brought the whole kingdom down 2 Where does Military Law come from? 1 Chivalry (Knightly code of ethics) 1.1 Determined who you could kill or not kill; inextricably linked with gender relations (kill your enemy, serve your lady) 1.2 Large influence on British military law 2 Articles of War 2.1 1775-Army was founded one year before the Declaration of Independence
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Unformatted text preview: 2.1.1 We took the British Articles of War as our own (ex: known and recognized Caste System within the military) 3 1787 Ratified Constitution 3.1 President commands the military, Congress regulates the military 3.2 Congress updated the Articles of War in 1806 -- became the Military laws up until 1951 4 UCMJ-Uniform Code of Military Justice (post-WWII) 4.1 President decides how it is implemented in the Manual of the Courts-Martial (MCM) 3 Military shows up in the Bill of Rights (Amendments 2 and 3)--right to bear arms and quartering soldiers 1.1 Mention of the Military in The Constitution: Amendment 15, Section 3; Bill of Rights, Amendments 2, 3 and 5; Article 1, Sections 8 and 10; Article 3, Section 3; Article 2, Section 2...
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This note was uploaded on 12/08/2011 for the course LEGAL 297 taught by Professor Kelleher during the Fall '08 term at UMass (Amherst).

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97 - 2.1.1 We took the British Articles of War as our...

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