The Sociology of Military Law: Civil–Military Boundary in Emerging Democracies

Abstract

This article examines military law through a socio-legal lens by analyzing the civil–military boundary in emerging democracies. Existing scholarship largely approaches civil–military relations from constitutional, institutional, or security sector reform perspectives, often overlooking the sociological dimensions embedded in military legal systems. This study reconceptualizes military law as a socially embedded institution shaped by power relations, professional military identity, and democratic transition dynamics. Using a qualitative socio-legal research design, the study analyzes legal frameworks governing military jurisdiction, civilian supremacy, and institutional practice, complemented by doctrinal analysis and contextual examination of democratic reform processes. The findings demonstrate that the civil–military boundary is not merely a formal constitutional arrangement but a dynamic sociological construct continuously negotiated within institutional settings. Legal norms regulating the armed forces are internalized, contested, and reshaped through legal culture, professional ethos, and broader political transformations. The study reveals that persistent legal dualism and institutional resistance often complicate the consolidation of civilian control in emerging democracies. By situating military law within the sociology of law framework, this research contributes a deeper understanding of how civilian supremacy is institutionalized or challenged beyond formal legal provisions, offering both theoretical insights and policy implications for democratic consolidation