Enlistment in United Kingdom

Meaning of Enlistment

The following is an old definition of Enlistment [1]: Either the complete act of entering into military service, or the first step taken toward that end. A technical term, derived from Great Britain. In the English Cyclopsedia, defined to be “a voluntary engagement to serve as a private soldier for a certain number of years.” Chambers defines it as “the means by which the English army is supplied with troops as distinguished from the conscription prevailing in many other countries.” Has never included entry into service under commission as an officer.” Public policy requires that a minor be at liberty to enter into a contract to serve the state, wherever such contract is not positively forbidden by the state itself. This at least is the common law of England. Rev. St., §§ 1116-17, authorizes enlistment in the army of men above the age of sixteen, no person under twenty-one to be mustered into service without the written consent of his parents or guardian. A contract made by a minor over sixteen, without consent, can be avoided only by his parents, they claiming his custody before majority. Habeas corpus is the judicial proceeding to secure release of a minor whose parents did not consent to his enlisting. See Desertion, 3.

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Notes and References

1. Concept of Enlistment provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)