Laws have been around for many centuries since the beginning of time, as early as the years of Jesus. Although ideas have changed, laws still exist in modern day society everywhere you go. There are many forms of the law with all coincide with each other such as man-made law, common law, natural law, case law, civil law, roman law, and the list goes on. Although the law has not yet accepted a universal definition, it can be described as the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce the imposition of penalties.
The objective of law was intended to maintain order as well as to avoid citizens from attempting to revolt, rebel, and overthrow the government. The law shapes politics, economics, and society in various ways and serves as a social mediator of relations between people. In order to create and maintain a safe and stable environment for each other people should obey the law. If the law is not obeyed there are consequences, it also protects the weak, there are many costs, its time consuming and there is also a big fear of punishment.
Under civil law, the following specialties, among others, exist: Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law regulates the transfer and title of personal property and real property. Trust law applies to assets held for investment and financial security. Tort law allows claims for compensation if a person’s property is harmed. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.
Administrative law is used to review the decisions of government agencies. International law governs affairs between sovereign states in activities ranging from trade to military action. To implement and enforce the law and provide services to the public by public servants, a government’s bureaucracy, the military and police are vital. Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice, as well as the proposition that all are equal before the law.
The author Anatole France said in 1894, “In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. ” Writing in 350 BC, the Greek philosopher Aristotle declared, “The rule of law is better than the rule of any individual. ” Mikhail Bakunin said, “All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class”. Cicero said “more law, less justice”. Marxist doctrine asserts that law will not be required once the state has withered away.
According to religious and moral values, obeying the law is just the right thing to do as human being. People also are in fear of breaking the law because of the trouble and punishment that awaits them. When we were younger, our parents or elders taught us to be afraid of getting in trouble and therefore gave us a small form of physical contact of aggressive vocal tone. The whole idea for them doing that was to teach us not to do bad things and to be so afraid of the trouble that we would not repeat the same bad mistakes.
The law has a similar comparison. For example, if you get a speeding ticket, your consequences include having to go to a court as well as having to pay a fine and possible violation on your permanent record. Such small violation of the law can turn into a huge headache. The bigger the crime the more stressful and difficult is it to get things back to normal. This also relates to the similar laws for those in the Military. Not only do the laws of citizens apply but as well as the laws of the Military.
There is a system of punishment and correction to these laws which all falls under the Uniform Code of Military Justice (UCMJ). It is the foundation of military law in the United States. It was established by the United State Congress in accordance with the authority given by the United States Constitution in Article 1, Section 8, which provides that “The Congress shall have Power… To make rules for the Government and Regulation of the land and naval forces. ” Consequences can include from a range of extra duty without pay, rank or grade deduction, or even separation from the military.
Any person in the Armed Forces to include anyone who is currently serving in any component of the Military as active duty, ready reserve, inactive reserve, training, DEP, shipboard, shore, infantry, deployed, or even when attached to a civilian job and not wearing a uniform are all eligible regardless of rank, duties, time in service, time remaining until retirement, or history of conduct to UCMJ actions. Many of the other articles explain further in depth the various forms of action that can be taken by disobeying an order but Article.
92 of the uniform code of military justice is when a solider fails to obey an order or regulation given to them by an NCO, officer, or someone pointed above them in section or squad. Article 92 is perhaps the most important article in the entirety of the Uniform Code of Military Justice. A military member, whether in the Army, Air Force, Marines, Navy, or Coast Guard who fail to obey a lawful order of their superiors risk serious punishments. Article 92 of the Uniform Code of Military Justice makes it a crime to disobey any lawful order. It lays down the ground law, the absolute line which may not be crossed.
Everything else in the uniform code of military justice is explanation of the various forms that disobeying an order can take. Without the support given by Article 92, service members would be free to do whatever they want, whenever they want, and there wouldn’t be any discipline in the United States armed service an order is a tasking given to a soldier of something that needs to be done in a timely and efficient manner. An order given by someone who is a higher rank or position then you is a lawful order and can be punished by uniform code of military justice or court martial.
It is crucial to always follow orders given because it could lead to an unwanted accident. The only way that an order by an NCO, officer, or someone pointed above them is not a lawful order if it contrary to the Constitution of the United States. Failing to fallow a lawful order from some who is not a higher rank then you is still punishable by article 92 of the uniform code of military justice. The three main reasons why it is important for a soldier to follow the orders they are given is to be combat effective, disciplined, and to just be a good soldier.
In my own words, Article 92 is not doing something that you have been told to do. It is a lot like doing what your parents told you to do as a child. Any article should not be taken lightly and is always a serious crime. If there was no Article 92 all personnel and service members would be able to what they want, how they want, when they want, with who they want and would not be accountable any more than a civilian court and we all know our judicial system in this country.
The importance of obeying the law is critical when it comes to the military. The armed forces run off of orders, when given, they’re obeyed. For an order to be obeyed and completed, it takes a unique individual in who you can trust, with great honesty, integrity, and loyalty. If service members do not follow orders and laws as given, it degrades mission readiness and leaves an open door for the enemy. That is why the Uniform Code of Military Justice is so critical to obey.
Under Article 92 of UCMJ is states that any person who violates or fails to obey any lawful general order or regulation as well as having knowledge of any other lawful order issued by a member of the armed forces which to obey is his or her duty is considered punishable. Another very common reason for a service member to become a part of UCMJ actions is the use of alcohol. In this scenario, state laws are applied which are also deemed necessary to follow being a part of the military. In the state of Texas, a person must be at least the age of 21 to drink and purchase an alcoholic beverage.
An operator of a motored piece of equipment is automatically considered under the influence of alcohol if a chemical screening shows a blood-alcohol percentage of 0. 08 percent or greater. If the driver of a motorized vehicle is under the age of 21 they are not allowed to test positive for any alcohol percentage in the blood under DUI penalties. Although the legal age limit to drink or purchase alcoholic beverages is 21 it is allowed to be employed or in service vending or handling such beverages at 18.
It also states that no open container is allowed in the presence of a vehicle which is considered to be a bottle, can, or other liquid holding devices that contain any amount of alcohol beverage and has been or is open, broken the seal, or the contents have been partially removed. Whether the contained contains wine, liquor, or beer, it makes no difference, if it is not sealed, even if you have been drinking it, it’s an open container. Whether you’re driving the vehicle or parked in a driveway or parking lot, any open container in the vehicle is punishable.
Penalties for such above actions can be very serious while in the military as you have to deal with the state laws and penalty punishments as well as the punishments according to the Uniform Code of Military Justice. State laws could include but not be limited to fines, court, and jail time. If consequences are received for disobeying state laws and it goes down to your unit level for service members, you will also be subject to UCMJ and it can lead up to separation from the military. Being separated or discharged from the military can be good or bad depending on what you get released for.
If discharged administratively for expiration of Term of Services, age limit, high year tenure, disability, dependency, hardship, pregnancy/parenthood, disorders, convenience of the Government, resignation, reduction in force, etc. , the service member normally receives an honorable or a general (under honorable conditions) discharge. If misconduct is involved the service member may receive an Other Than Honorable (OTH) Discharge service characterization. An OTH is the most severe form of administrative discharge.
This type of discharge represents a departure from the conduct and performance expected of all military members. OTH discharges are typically given to service members convicted by a civilian court in which a sentence of confinement has been adjudged or in which the conduct leading to the conviction brings discredit upon the service. It can also be given as the result of certain civil hearings like a divorce for adultery. OTH discharges can be accepted in-lieu of court-martial proceedings at the service-member’s request.
Persons facing OTH are guaranteed, by the Uniform Code of Military Justice, the right to have their discharge heard by an administrative discharge board, which is similar to a court-martial but is not a public forum. Recipients of OTH discharges are barred from reenlisting into any component of the Armed Forces (including the reserves), and are normally barred from joining the Army National Guard. Receiving and other than honorable discharge can also result in not being able to obtain anything other than a low paying job due to employers knowing the status of separation.
It is a career ender and it will deteriorate what you have left of self-esteem. I do not suggest that anyone disobey the laws while either in the military or not but more importantly while serving in the armed forces It is critical to make sure all laws are acknowledged and are followed as listed. I’m sure no one wants to end up in that position as it will leave you empty handed, with a huge burden on your back or possibly serving time in jail with huge fines. It is better to stay safe than be sorry.