| Book Review | The American Historical Review, 110.4

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| Book Review | The American Historical Review, 110.4 | The History Cooperative

Book Review

Canada and the United States

Jonathan Lurie. Military Justice in America: The U.S. Court of Appeals for the Armed Forces, 1775–1980. (Modern War Studies.) Rev. ed. Lawrence: University Press of Kansas. 2001. Pp. xiii, 348. $25.00.

Jonathan Lurie has prepared the seminal history of the development of the United States Court of Military Appeals for the Armed Forces. Pursuant to its constitutional power to "make Rules for the Government and Regulation of the land and naval forces," Congress created the Court in 1951 as a component of the consolidated Uniform Code of Military Justice (commonly referred to as the UCMJ). The intent was to create a civilian appellate mechanism to provide oversight and create harmony in the interpretation of military law across all of the branches of the armed forces. The court also serves as a counterbalance to the potential for the erosion of justice within the military as a result of command pressures. The creation of the Court of Appeals for the Armed Forces is the definitive indicator of Congressional desire (on behalf of the American people) to implement core values against the backdrop of civilian standards by molding the practices of American military judges and lawyers around the world rather than allowing an unchecked evolution of practice from the British Articles of War. The establishment of the court culminated the extension of judicial authority over the eclipsing power of unchecked command discretion.

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