ABSTRACT
Military law is so structured in code that it is more restrictive in nature, thus limiting the rights of military personnel. E. F. Sherman (1973) argued that the fledgling Uniform Code of Military Justice (UCMJ), he feared, would erode, and the unquestioned yielding of military law to civilian rule supports the divergence of the systems, but admitted that the UCMJ should be free of the control of civilian leadership. The US Supreme Court determined that the Federal Tort Claims Act (FTCA) was not applicable in the case of incidents that occurred during military service as the original intention of the FTCA was never intended for military matters to be decided by civilian judges outside of the military justice system. The civilian courts' insertion into the affairs of the military as they pertain to its workforce need not mean the undermining of the UCMJ or military justice system.
