A remotely recorded podcast with Professor Joshua Braver, Professor of Law at the University of Wisconsin Law School.
Prof. Braver joins the podcast to discuss a variety of recently published books, and articles that revolve around the complicated question of disobedience, in today’s military, among citizens wishing to re-write constitutions, and in legal history. The discussion covers Prof. Braver’s recently posted SSRN paper “Disobeying Lawful But Unethical Orders in the Army”, his 2023 book “We, the Mediated People” from Oxford University Press, as well as articles posted to LawFare in early December (“Whiskey Rebellion as Precedent for Recent National Guard Deployments?”) and the Wall Street Journal (“Disobeying Military Orders is Full of Risk”), published in late November.
A common theme among these writings is the question of how military members can legally disobey orders, and when. Prof. Braver details the perils, pitfalls, and challenges that members of the military face when confronted with an order they may consider unethical. The answer is complicated and thorny and Prof. Braver thoughtfully unpacks both the obvious and subtle challenges faced by people in situations where they must make potentially life-changing decisions with far-reaching consequences.
