How Law Thinks of Disobedience

Perceiving and Addressing Desertion and Conscientious Objection in Israeli Military Courts

Bibliographic Data

ID6090283
AuthorsHadar Aviram (0000-0002-5674-7555, University of California Hastings College of the Law, corresponding author)
Year2008
Volume30
Issue3
Pages277-305
Publication date2008-07-01
Open AccessYes
TypeARTICLE
VenueLaw & Policy (JOURNAL)
Journal identifiersISSN: 0265-8240 • E-ISSN: 1467-9930
PublisherWiley (PUBLISHER • GB)
DOI10.1111/j.1467-9930.2008.00280.x
OpenAlexW2071743834
LanguageEN
Citations received3
References cited49

The study transcends the dichotomy “law in the books”/“law in action” by taking law's knowledge‐production mechanisms seriously. It examines how the Israeli military justice system perceives and addresses disobedience toward the mandatory military service duty by deserters and conscientious objectors. Both groups resist the military service ethos but differ in the offenders’ demographics and motivations. The findings show how law co‐opts the socio‐political problems, assimilates them, and transforms them to narrow its framework. The legal system can be cognitively open to external frameworks introduced by powerful and resourceful defendants; it remains, however, normatively closed to alternative rules and perspectives

Conscientious objector · Duty · Economic Justice · Ethos · Military justice · Military service · Political science · Politics · Sociology · International Law and Human Rights · Jewish and Middle Eastern Studies · Law · Torture, Ethics, and Law

Tools

Open DOISci-HubOpen Access