No, I’m not. Although that theory might enter the discussion later, presently I am merely asking whether it is appropriate to set forth the duty to obey one’s superior officer as universal and unconditional, when it is well-known that there are conditions that warrant disobedience. Nuremburg certainly represents one class of such conditions, but if there is one there might be others. It just seems illogical to state the proposition as an absolute, when we know it isn’t.
“...I am merely asking whether it is appropriate to set forth the duty to obey one’s superior officer as universal and unconditional, when it is well-known that there are conditions that warrant disobedience.”
As an example, in 1991 I was ordered to enter false information on a form. At the bottom of the form, there was a line explaining it was a legal document and false information could result in fines and imprisonment. I told the superior officer I wanted his order in writing so I could submit it to legal review. He called me obscenities and left.
In another case, I was ordered to write 10 OPR (performance reports) in 24 hours, and that my CO (giving the order) would sign whatever I wrote. I refused, since no one can write 10 OPRs from scratch and do a decent job in 24 hours. He said he would bring me up on charges, and that I’d lose. I agreed that I would lose, but pointed out ever officer above him would find out what an idiot and loser he was. After about 60 seconds, and knowing I meant what I said, he backed down. A legal order that I refused to obey because it was wrong, and I made it stick because I was right.
It can be done. But refusing to deploy because you claim the President is a space alien? Or in this case, simply an alien, but equally lacking proof? Lakin will get what he deserves. And World Nut Daily will go on making sales.
I don't think this is in dispute. Everyone here agrees there are conditions under which it is not only permissable, but morally obligatory to disobey an order.
when it is well-known that there are conditions that warrant disobedience.
Yes, we all know there are such conditions. However, I don't think any are applicable in this case.