Insubordination
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Insubordination is the act of willfully disobeying a lawful order of one's superior. It is generally a punishable offense in
hierarchical organization A hierarchical organization or hierarchical organisation (see spelling differences) is an organizational structure where every entity in the organization, except one, is subordinate to a single other entity. This arrangement is a form of a hierar ...
s such as the
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
, which depend on people lower in the
chain of command A command hierarchy is a group of people who carry out orders based on others' authority within the group. It can be viewed as part of a power structure, in which it is usually seen as the most vulnerable and also the most powerful part. Milit ...
obeying orders.


Military

Insubordination is when a service member willfully disobeys the lawful orders of a superior
officer An officer is a person who has a position of authority in a hierarchical organization. The term derives from Old French ''oficier'' "officer, official" (early 14c., Modern French ''officier''), from Medieval Latin ''officiarius'' "an officer," f ...
. If a
military officer An officer is a person who holds a position of authority as a member of an armed force or uniformed service. Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer, or a warrant officer. However, absent context ...
disobeys the lawful orders of their civilian superiors, this also counts. For example, the
head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
in many countries, is also the most superior officer of the military as the Commander in Chief. Generally, however, an officer or soldier may disobey an unlawful order to the point of
mutiny Mutiny is a revolt among a group of people (typically of a military, of a crew or of a crew of pirates) to oppose, change, or overthrow an organization to which they were previously loyal. The term is commonly used for a rebellion among member ...
(see
Nuremberg defense Superior orders, also known as the Nuremberg defense or just following orders, is a plea in a court of law that a person, whether a member of the military, law enforcement, a firefighting force, or the civilian population, should not be considered ...
). In the
U.S. military The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
, insubordination is covered under Article 91 of the
Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...
. It covers disobeying lawful orders as well as disrespectful language or even striking a superior. The article for insubordination should not be confused with the article for contempt. While Article 91 of the UCMJ deals predominantly with disobeying or disrespecting a superior and applies to
enlisted Enlisted may refer to: * Enlisted rank An enlisted rank (also known as an enlisted grade or enlisted rate) is, in some armed services, any rank below that of a commissioned officer. The term can be inclusive of non-commissioned officers or ...
members and
warrant officers Warrant officer (WO) is a rank or category of ranks in the armed forces of many countries. Depending on the country, service, or historical context, warrant officers are sometimes classified as the most junior of the commissioned ranks, the most ...
, Article 88 involves the use of
contempt Contempt is a pattern of attitudes and behaviour, often towards an individual or a group, but sometimes towards an ideology, which has the characteristics of disgust and anger. The word originated in 1393 in Old French contempt, contemps, ...
uous words against certain appointed or elected officials and only applies to
commissioned officers An officer is a person who holds a position of authority as a member of an armed force or uniformed service. Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer, or a warrant officer. However, absent context ...
. According to a 2021 typology, military disobedience can take four forms: "defiance, refinement, grudging obedience, and exit." A 2019 study argued that military disobedience may arise when a tension is created in the social networks of a soldier, which gives the soldier motivations and justifications to disobey orders.


Private sector

Other types of hierarchical structures, especially corporations, may use insubordination as a reason for dismissal or
censure A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spir ...
of an employee. There have been court cases in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
which have involved charges of insubordination from the employer with counter charges of infringement of
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
rights from the employee. A number of these cases have reached the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
usually involving a conflict between an institution of
higher education Higher education is tertiary education leading to award of an academic degree. Higher education, also called post-secondary education, third-level or tertiary education, is an optional final stage of formal learning that occurs after completi ...
and a faculty member. In the modern
workplace A workplace is a location where someone Work (human activity), works, for their employer or themselves, a place of employment. Such a place can range from a Small office/home office, home office to a large office building or factory. For Indust ...
in the
Western world The Western world, also known as the West, primarily refers to the various nations and state (polity), states in the regions of Europe, North America, and Oceania.
, hierarchical power relationships are usually sufficiently internalized so that the issue of formal charges of insubordination are rare. In his book ''
Disciplined Minds Jeff Schmidt is a physicist who wrote the 2000 book ''Disciplined Minds'', a critique of the socialization and training of professionals. Termination of employment controversy Schmidt was fired from his job of 19 years as an associate edit ...
'', American physicist and writer Jeff Schmidt points out that professionals are trusted to run organizations in the interests of their employers. Because employers cannot be on hand to manage every decision, professionals are trained "to make sure that the subtext of each and every detail of their work advances the right interests—or skewers the disfavored ones" in the absence of overt control.Schmidt, Jeff (2001). ''Disciplined Minds: A Critical Look at Salaried Professionals and the Soul-battering System That Shapes Their Lives''.
Rowman & Littlefield Publishers Rowman & Littlefield Publishing Group is an independent publishing house founded in 1949. Under several imprints, the company offers scholarly books for the academic market, as well as trade books. The company also owns the book distributing compa ...
, Inc. p. 41. . Google Book Search. Retrieved on December 10, 2010.


Notable examples

There have been a number of famous and notorious people who have committed insubordination or ''publicly'' objected to an organizational practice. *
Emil Bessels Emil Bessels (2 June 1847 – 30 March 1888) was a German zoologist, entomologist, physician, and Arctic researcher who is best known for his controversial role in the attempted but ill-fated ''Polaris'' expedition to the North Pole in 187 ...
– German Arctic explorer who undermined and likely poisoned the ''Polaris'' expedition's commander,
Charles Francis Hall Charles Francis Hall ( – November 8, 1871) was an American Arctic explorer, best known for his collection of Inuit testimony regarding the 1845 Franklin Expedition and the suspicious circumstances surrounding his death while leading th ...
*
Daniel V. Gallery Daniel Vincent Gallery (July 10, 1901 – January 16, 1977) was a rear admiral in the United States Navy. He saw extensive action during World War II, fighting U-boats during the Battle of the Atlantic, where his most notable achievement was t ...
– U.S. Navy admiral whose published articles played a role in the public debate during the
Revolt of the Admirals The "Revolt of the Admirals" was a policy and funding dispute within the United States government during the Cold War in 1949, involving a number of retired and active-duty United States Navy admirals. These included serving officers Admiral Lo ...
*
George Grosz George Grosz (; born Georg Ehrenfried Groß; July 26, 1893 – July 6, 1959) was a German artist known especially for his caricatural drawings and paintings of Berlin life in the 1920s. He was a prominent member of the Berlin Dada and New Objec ...
– German artist and soldier *
Douglas MacArthur Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
– U.S. general relieved of command by President
Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
during the
Korean War , date = {{Ubl, 25 June 1950 – 27 July 1953 (''de facto'')({{Age in years, months, weeks and days, month1=6, day1=25, year1=1950, month2=7, day2=27, year2=1953), 25 June 1950 – present (''de jure'')({{Age in years, months, weeks a ...
*
Billy Mitchell William Lendrum Mitchell (December 29, 1879 – February 19, 1936) was a United States Army officer who is regarded as the father of the United States Air Force. Mitchell served in France during World War I and, by the conflict's end, command ...
– U.S. Army Air Corps commander during
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
and proponent of
air power Airpower or air power consists of the application of military aviation, military strategy and strategic theory to the realm of aerial warfare and close air support. Airpower began in the advent of powered flight early in the 20th century. Airpo ...
during the interwar years *
Stanislav Petrov Stanislav Yevgrafovich Petrov (russian: Станисла́в Евгра́фович Петро́в; 7 September 1939 – 19 May 2017) was a lieutenant colonel of the Soviet Air Defence Forces who played a key role in the 1983 Soviet nuclear fa ...
– Russian army officer who refused to report a detected missile strike averting nuclear war *
Albert Pike Albert Pike (December 29, 1809April 2, 1891) was an American author, poet, orator, editor, lawyer, jurist and Confederate general who served as an associate justice of the Arkansas Supreme Court in exile from 1864 to 1865. He had previously se ...
– charged by the
Confederate Army The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America (commonly referred to as the Confederacy) during the American Civil War (1861–1865), fighting ...
with insubordination *
Jackie Robinson Jack Roosevelt Robinson (January 31, 1919 – October 24, 1972) was an American professional baseball player who became the first African American to play in Major League Baseball (MLB) in the modern era. Robinson broke the baseball color line ...
– American
baseball Baseball is a bat-and-ball sport played between two teams of nine players each, taking turns batting and fielding. The game occurs over the course of several plays, with each play generally beginning when a player on the fielding tea ...
player accused of insubordination while in the military, but exonerated at a
court martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
*
Thomas Scott Thomas Scott may refer to: Australia * Thomas Hobbes Scott (1783–1860), Anglican clergyman and first Archdeacon of New South Wales * Thomas Scott (Australian politician) (1865–1946), member of the Queensland Legislative Assembly * Thomas Sco ...
– executed by
Louis Riel Louis Riel (; ; 22 October 1844 – 16 November 1885) was a Canadian politician, a founder of the province of Manitoba, and a political leader of the Métis people. He led two resistance movements against the Government of Canada and its first ...
*
Hunter S. Thompson Hunter Stockton Thompson (July 18, 1937 – February 20, 2005) was an American journalist and author who founded the gonzo journalism movement. He rose to prominence with the publication of '' Hell's Angels'' (1967), a book for which he s ...
– American writer, fired from ''
Time Magazine ''Time'' (stylized in all caps) is an American news magazine based in New York City. For nearly a century, it was published weekly, but starting in March 2020 it transitioned to every other week. It was first published in New York City on Mar ...
'' *
Jeffrey Wigand Jeffrey Stephen Wigand (; born December 17, 1942) is an American biochemist and whistleblower. He is a former vice president of research and development at Brown & Williamson in Louisville, Kentucky, who worked on the development of reduced-har ...
– vice president of Brown & Williamson, revealed
tobacco industry The tobacco industry comprises those persons and companies who are engaged in the growth, preparation for sale, shipment, advertisement, and distribution of tobacco and tobacco-related products. It is a global industry; tobacco can grow in any ...
practices


See also

*
Contumacy Contumacy is a stubborn refusal to obey authority or, particularly in law, the willful contempt of the order or summons of a court (see contempt of court). The term is derived from the Latin word ''contumacia'', meaning firmness or stubbornness. I ...
*
Civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
*
Contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
*
Criticism Criticism is the construction of a judgement about the negative qualities of someone or something. Criticism can range from impromptu comments to a written detailed response. , ''"the act of giving your opinion or judgment about the good or bad q ...
*
Discrediting A smear campaign, also referred to as a smear tactic or simply a smear, is an effort to damage or call into question someone's reputation, by propounding negative propaganda. It makes use of discrediting tactics. It can be applied to individual ...
*
Failure to obey a police order Failure to obey a police officer, failure to obey a police order, or failure to obey a lawful order is a crime in certain jurisdictions. Canada In Canada, the Criminal Code makes it illegal for a motor vehicle driver to disobey an order to stop ...
*
Mutiny Mutiny is a revolt among a group of people (typically of a military, of a crew or of a crew of pirates) to oppose, change, or overthrow an organization to which they were previously loyal. The term is commonly used for a rebellion among member ...
*
Rebellion Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and ...
*
Whistle blower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
*
Court case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or mor ...
s involving insubordination: ** ''Rendell-Baker v. Kohn'', 457 U.S. 830 (1982 US Supreme Court) ** ''
Schenck v. United States ''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes ...
'', 249 U.S. 47 (1919 US Supreme Court) ** ''
Perry v. Sindermann ''Perry v. Sindermann'', 408 U.S. 593 (1972), was a United States Supreme Court decision affecting educational case law involving tenure and due process. Facts Sindermann was a teacher at several schools in the state college system of the State ...
'', 408 U.S. 593


References


External links

{{Authority control Hierarchy Military law Disobedience