Abstract

In many countries the military still threatens to punish personnel that disobey orders for the sake of self‐preservation. The Uniform Code of Military Justice (UCMJ) in the U.S., for instance, makes it a crime for a soldier to refuse a directive from a superior unless what that order requires is “patently unlawful”. This qualification is usually interpreted narrowly to cover orders to commit war crimes or to victimize civilians, not orders that would require sacrifice of life or limb. In other words, soldiers are afforded some right of conscientious disobedience, but no right of non‐conscientious, self‐regarding disobedience.We would not think it morally justifiable for any civilian employer to demand and enforce obedience unto death. In most countries it is not legally justifiable, either. The U.S. Occupational Safety and Health Act (1970), for instance, grants workers a right to disobey an instruction and request an official workplace inspection if ever ever they believe that an “imminent danger” exists, where this is defined in terms of a reasonable expectation “of death or serious physical harm.” 5 The Act protects employees who exercise this right from discharge or retaliation. If it is not permissible for civilian employers to enforce compliance with such “imminently dangerous” directives, then why is it permissible for the military? This paper consider a number of possible responses to this question.