The Wraith
Sergeant of Marines
Registered: Jan 2001
Location: WDM, IA
Posts: 2963 |
You are only required to follow orders that are lawful. In fact, you can be punished for executing an unlawful order. If you receive an order to "Kill all the children at the local WallMart", that obviously, is not lawful. If I disobey, as I should, I will not (should not) be punished under the UCMJ. Likewise, I should not be punished for obeying an apparently lawful order. Through the execution of a lawful order, the individual issuing the order is responsible. Blindly following ordres is not a USMC doctrine.
There are no specific requirements that identify what is a "lawful order" and what isn't. That is to say, there are no special documents which outline this. The criteria can easily be determined on the basis of the name, alone...
What orders do not violate any local, state, federal, or international laws? Lawful is lawful, whether talking about military orders or even vehicle inspection stickers. I cannot be ordered to break the law. If an order does not break any law, it is lawful. It's that simple. Google for "lawful order" and you'll find lots of examples in both directions.
EDIT:
I should add, some orders are unlawful because they would break policy/procedure. To offer a rather extreme example... The order to "show me your penis" is not lawful. Now, it's perfectly legal for me to walk up to you and say, "Paintchips, show me your penis". And, it's legal for you to show me, assuming we're not standing in the middle of a shopping mall. However, this specific example would obviously violate sexual harassment policies in a workplace. The context is obviously important. If I'm undergoing a physical review and some medical doctor tells me to show him my penis, well... you get the idea.
No order is lawful if it violates some directive of the Commendant of the USMC, etc. If the Commendant says, "Every Marine will get 8 hours of sleep each night, guaranteed." - it would be unlawful for someone to order you to do something that goes against the Commendant's directives.
Likewise, an example in the reverse; a LAWFUL order on the basis of policy would be, "You may not take eyedrops without permision." It's not illegal to use eye drops.
__________________
Regards, The Wraith
Last edited by The Wraith on 07-30-2002 at 10:47 AM
Report this post to a moderator |
IP: Logged
|