University of Surrey

Test tubes in the lab Research in the ATI Dance Research

The Armed Forces Compensation Scheme: A Sheep in Wolf's Clothing?

Marriott, JEC and McSweeney, J (2010) The Armed Forces Compensation Scheme: A Sheep in Wolf's Clothing? Web Journal of Current Legal Issues, 5. ISSN 1360-1326

[img]
Preview
PDF (licence)
SRI_deposit_agreement.pdf

Download (32Kb)
[img]
Preview
PDF
AFCS WebJCLI 2010.pdf
Available under License : See the attached licence file.

Download (103Kb)

Abstract

This article addresses issues that arise out of a state's undertaking to compensate, from public funds, citizens it has placed in harm's way through its policy- and decision-making. In the past decade, many western liberal democratic states have been required to place a value on their citizens through the provision of compensation to troops injured as a result of their deployment to Afghanistan and Iraq. Here we examine the UK's much criticised Armed Forces Compensation Scheme (AFCS), charting its development and analysing its strengths and its flaws, in order to assess whether it places adequate value upon the sacrifices of the citizens for which it was created. We investigate whether, in its attempts to create a compensatory framework that mimics Tort, the legislature has ultimately promised an equivalence that the AFCS fails to deliver in substance and we examine the idea that the AFCS represents an uneasy and unnecessary collapse of the distinction between corrective and distributive justice.

Item Type: Article
Additional Information: Copyright © 2010 Jane Marriott and James McSweeney. First published in Web Journal of Current Legal Issues
Related URLs:
Divisions: Faculty of Business, Economics and Law > Law
Depositing User: Symplectic Elements
Date Deposited: 04 May 2012 10:47
Last Modified: 23 Sep 2013 19:20
URI: http://epubs.surrey.ac.uk/id/eprint/342990

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year


Information about this web site

© The University of Surrey, Guildford, Surrey, GU2 7XH, United Kingdom.
+44 (0)1483 300800