Conscription is the compulsory enrollment of people to some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names. The modern system of near-universal national conscription for young men dates to the French Revolution in the 1790s, where it became the basis of a very large and powerful military. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1–3 years on active duty, then transfer to the reserve force.
Conscription can be controversial, because of conscientious objection to service, or political objection to service for a disliked government, or an unpopular war. Those conscripted may evade service, sometimes by leaving the country. Some selection systems accommodate these situations by providing alternative service outside of typical combat-operations roles or even outside of the military, such as Zivildienst in Germany, Austria and Switzerland.
As of the early 21st century, many nations no longer conscript soldiers, relying instead upon professional militaries with volunteers enlisted to meet the demand for troops. The ability to rely on such an arrangement, however, presupposes some degree of predictability with regards to both war-fighting requirements and the scope of hostilities. Many nations that have abolished conscription therefore still reserve the power to resume it during wartime or times of crisis. In the United States, conscription, also called "the draft", ended in 1973, but males between 18 and 25 are required to register with the Selective Service System to aid in resuming conscription.
Various forms of avoiding military service are recorded. While it was outlawed by the Code of Hammurabi, the hiring of substitutes appears to have been practiced both before and after the creation of the code.
Under the feudal conditions for holding land in the medieval period, most peasants and freemen were liable to provide one man of suitable age per family for military duty when required by either the king or the local lord. The levies raised in this way fought as infantry under local superiors. Although the exact laws varied greatly depending on the country and the period, generally these levies were only obliged to fight for one to three months. Most were subsistence farmers, and it was in everyone's interest to send the men home for harvest-time.
In medieval Scandinavia the 'leiðangr' (Old Norse), 'leidang' (Norwegian), 'leding', (Danish), 'ledung' (Swedish), 'lichting' (Dutch), 'expeditio' (Latin) or sometimes 'lething' (Old English), was a levy of free farmers conscripted into coastal fleets for seasonal excursions and in defence of the realm.
The bulk of the Anglo-Saxon English army, called the fyrd, was composed of part-time English soldiers drawn from the landowning minor nobility. These thegns were the land-holding aristocracy of the time and were required to serve with their own armour and weapons for a certain number of days each year. The historian David Sturdy has cautioned about regarding the fyrd as a precursor to a modern national army composed of all ranks of society, describing it as a "ridiculous fantasy":
The persistent old belief that peasants and small farmers gathered to form a national army or fyrd is a strange delusion dreamt up by antiquarians in the late eighteenth or early nineteenth centuries to justify universal military conscription.
In the middle of the 14th century, Ottoman Sultan Murad I developed personal troops to be loyal to him, with a slave army called the Kapıkulu. The new force was built by taking Christian children from newly conquered lands, especially from the far areas of his empire, in a system known as the devşirme (translated "gathering" or "converting"). The captive children were persuaded to convert to Islam. The Sultans had the young boys trained over several years. Those who showed special promise in fighting skills were trained in advanced warrior skills, put into the sultan's personal service, and turned into the Janissaries, the elite branch of the Kapıkulu. A number of distinguished military commanders of the Ottomans, and most of the imperial administrators and upper-level officials of the Empire, such as Pargalı İbrahim Pasha and Sokollu Mehmet Paşa, were recruited in this way. By 1609 the Sultan's Kapıkulu forces increased to about 100,000.
In later years, Sultans turned to the Barbary Pirates to supply their Jannissaries corps. Their attacks on ships off the coast of Africa or in the Mediterranean, and subsequent capture of able bodied men for ransom or sale provided some captives for the Sultan's system. Starting in the 17th century, Christian families living under the Ottoman rule began to submit their sons into the Kapikulu system willingly, as they saw this as a potentially invaluable career opportunity for their children. Eventually the Sultan turned to foreign volunteers from the warrior clans of Circassians in southern Russia to fill his Janissary armies. As a whole the system began to break down, the loyalty of the Jannissaries became increasingly suspect. Mahmud II forcibly disbanded the Janissary corps in 1826.
Similar to the Janissaries in origin and means of development were the Mamluks of Egypt in the Middle Ages. The Mamluks were usually captive non-Muslim Iranian and Turkish children who had been kidnapped or bought as slaves from the Barbary coasts. The Egyptians assimilated and trained the boys and young men to become Islamic soldiers who served the Muslim caliphs and the Ayyubid sultans during the Middle Ages. The first mamluks served the Abbasid caliphs in 9th century Baghdad. Over time they became a powerful military caste. On more than one occasion, they seized power, for example, ruling Egypt from 1250–1517.
From 1250 Egypt had been ruled by the Bahri dynasty of Kipchak origin. Slaves from the Caucasus served in the army and formed an elite corp of troops. They eventually revolted in Egypt to form the Burgi dynasty. The Mamluks' excellent fighting abilities, massed Islamic armies, and overwhelming numbers succeeded in overcoming the Christian Crusader fortresses in the Holy Land. The Mamluks were the most successful defense against the Mongol Ilkhanate of Persia and Iraq from entering Egypt.
On the western coast of Africa, Berber Muslims captured non-Muslims to put to work as laborers. They generally converted the younger people to Islam and many became quite assimilated. In Morocco, the Berber looked south rather than north. The Moroccan Sultan Moulay Ismail, called "the Bloodthirsty" (1672–1727), employed a corps of 150,000 black slaves, called his Black Guard. He used them to coerce the country into submission.
The defeat of the Prussian Army in particular shocked the Prussian establishment, which had believed it was invincible after the victories of Frederick the Great. The Prussians were used to relying on superior organization and tactical factors such as order of battle to focus superior troops against inferior ones. Given approximately equivalent forces, as was generally the case with professional armies, these factors showed considerable importance. However, they became considerably less important when the Prussian armies faced forces that outnumbered their own in some cases by more than ten to one. Scharnhorst advocated adopting the levée en masse, the military conscription used by France. The Krümpersystem was the beginning of short-term compulsory service in Prussia, as opposed to the long-term conscription previously used.
In the Russian Empire, the military service time "owed" by serfs was 25 years at the beginning of the 19th century. In 1834 it was decreased to 20 years. The recruits were to be not younger than 17 and not older than 35. In 1874 Russia introduced universal conscription in the modern pattern, an innovation only made possible by the abolition of serfdom in 1861. New military law decreed that all male Russian subjects, when they reached the age of 20, were eligible to serve in the military for six years.
In 1814, President James Madison proposed conscription of 40,000 men for the army, but the War of 1812 ended before Congress took any action. An 1840 proposal for a standing army of 200,000 men included conscription never passed and military service was voluntary before 1862.
Quotas were assigned in each state, the deficiencies in volunteers to be met by conscription. But men drafted could provide substitutes or, until mid-1864, avoid service by paying commutation money. Many eligibles pooled their money to cover the cost of anyone drafted. Families used the substitute provision to select which man should go into the army and which should stay home. There was much evasion and overt resistance to the draft, especially in Catholic areas. The great draft riot in New York City in July 1863 involved Irish immigrants who had been signed up as citizens to swell the machine vote, not realizing it made them liable for the draft. Of the 168,649 men procured for the Union through the draft, 117,986 were substitutes, leaving only 50,663 who had their personal services conscripted.
The problem of Confederate desertion was aggravated by the inequitable inclinations of conscription officers and local judges. The three conscription acts of the Confederacy exempted certain categories, most notably the planter class, and enrolling officers and local judges often practiced favoritism, sometimes accepting bribes. Attempts to effectively deal with the issue were frustrated by conflict between state and local governments on the one hand and the national government of the Confederacy.
The nation went from a surplus manpower pool with high unemployment and relief in 1940 to a severe manpower shortage by 1943. Industry realized that the Army urgently desired production of essential war materials and foodstuffs more than soldiers. (Large numbers of soldiers were not used until the invasion of Europe in summer 1944.) In 1940-43 the Army often transferred soldiers to civilian status in the Enlisted Reserve Corps in order to increase production. Those transferred would return to work in essential industry, although they could be called back to active duty if the Army needed them. Others were discharged if their civilian work was deemed absolutely essential. There were instances of mass releases of men to increase production in various industries. Blacks and Asians were drafted under the same terms as whites. There was talk of a draft of women nurses in 1945, but nothing came of it.
One contentious issue involved the drafting of fathers, which was avoided as much as possible. The drafting of 18-year olds was desired by the military but vetoed by public opinion. Farmers demanded and were generally given occupational deferments (many volunteered anyway, and those who stayed at home were not eligible for postwar veteran's benefits).
Later in the war, in light of the tremendous amount of manpower that would be necessary for the invasion of France, many earlier deferment categories became draft eligible.
In the USSR, there was no systematic conscription of women for the armed forces, but the severe disruption of normal life and the high proportion of civilians affected by World War II after the German invasion attracted many volunteers for what was termed "The Great Patriotic War". Medical doctors of both genders could and would be conscripted (as officers). Also, the free Soviet university education system required Department of Chemistry students of both sexes to complete an ROTC course in NBC defense, and such female reservist officers could be conscripted in times of war. The United States came close to drafting women into the Nurse Corps in preparation for a planned invasion of Japan.
In 1981 in the United States, several men filed lawsuit in the case Rostker v. Goldberg, alleging that the Selective Service Act of 1948 violates the Due Process Clause of the Fifth Amendment by only requiring that men register with the Selective Service System (SSS). The Supreme Court eventually upheld the Act, stating that "the argument for registering women was based on considerations of equity, but Congress was entitled, in the exercise of its constitutional powers, to focus on the question of military need, rather than 'equity.'"
On October 1, 1999 in the Taiwan Area, the Judicial Yuan of the Republic of China in its Interpretation 490 considered that the physical differences between males and females and the derived role differentiation in their respective social functions and lives would not make drafting males only violating the Constitution of the Republic of China. Though women are conscripted in Taiwan, transsexual persons are exempt.
Traditionally conscription has been limited to the male population. Women and handicapped males have been exempted from conscription. Many societies have traditionally considered military service as a test of manhood and a rite of passage from boyhood into manhood.
Some may also refuse such service as they feel that they still are a part of the military complex. The reasons for refusing to serve are varied. Some conscientious objectors are so for religious reasons — notably, the members of the historic peace churches are pacifist by doctrine, and Jehovah's Witnesses, while not strictly speaking pacifists, refuse to participate in the armed services on the grounds that they believe Christians should be neutral in worldly conflicts.
In the USA and some other countries, the Vietnam War saw new levels of opposition to conscription and the Selective Service System. Many people opposed to and facing conscription chose to either apply for classification and assignment to civilian alternative service or noncombatant service within the military as conscientious objectors, or to evade the draft by fleeing to a neutral country. A small proportion, like Muhammad Ali, chose to resist the draft by publicly and politically fighting conscription. Some people resist at the point of registration for the draft. In the USA since 1980, for example, the draft resistance movement has focused on mandatory draft registration. Others resist at the point of induction, when they are ordered to put on a uniform, when they are ordered to carry or use a weapon, or when they are ordered into combat.
In the United States, especially during the Vietnam Era, some used political connections to ensure that they were placed well away from any potential harm, serving in what was termed a Champagne unit. Many would avoid military service altogether through college deferments, by becoming fathers, or serving in various exempt jobs (teaching was one possibility). Others used educational exemptions, became conscientious objectors or pretended to be conscientious objectors, although they might then be drafted for non-combat work, such as serving as a combat medic. It was also possible they could be asked to do similar civilian work, such as being a hospital orderly.
It was, in fact, quite easy for those with some knowledge of the system to avoid being drafted. A simple route, widely publicized, was to get a medical rejection. While a person could claim to have symptoms (or feign homosexuality) if enough physicians sent letters that a person had a problem, he might well be rejected. It often wasn't worth the Army's time to dispute this claim. Such an approach worked best in a larger city where there was no stigma to not serving, and the potential draftee was not known to those reviewing him.
For others, the most common method of avoiding the draft was to cross the border into another country. People who have been "called up" for military service and who attempted to avoid it in some way were known as "draft-dodgers". Particularly during the Vietnam War, US draft-dodgers usually made their way to Canada, Mexico or Sweden.
Many people looked upon draft-dodgers with scorn as being "cowards", but some supported them in their efforts. In the late years of the Vietnam War, objections against it and support for draft-dodgers was much more outspoken, because of the casualties suffered by American troops, and the actual cause and purpose of the war being heavily questioned.
Toward the end of the US draft, an attempt was made to make the system somewhat fairer by turning it into a lottery, with each of the year's calendar dates randomly assigned a number. Men born on lower numbered dates were called up for review. For the reasons given above, this did not make the system any fairer, and the entire system ended in 1973. Today, American men 18-25 are required to register with the government, but there has not been a callup since the Vietnam Era.
There are those who are immune to the draft in certain countries; these people include anyone who works for the government (teachers, police officers, lawmakers, etc.), people who work for government contractors, and those who work in jobs essential to the operation of the country (waste management, power plants, etc.). In the United Kingdom this is known as a reserved occupation which is deemed necessary to the survival of the nation.
In Israel, the Muslim and Christian Arab minority are exempt from mandatory service, as are permanent residents such as the Druze of the Golan Heights. Male Ultra-Orthodox Jews may apply for a deferment of draft to study in Yeshiva, and the deferment tends to become an exemption, while female religious Jews can be exempted after presenting "religious declaration" to the IDF authorities, and some (primarily National Religious or Modern Orthodox) choose to volunteer for national service instead. Male Druze and Circassian Israeli citizens are liable, by agreement with their community leaders (Female Druze and Circassian are exempt from service). Members of the exempted groups can still volunteer, but very few do, except for the Bedouin where a relatively large number have tended to volunteer (usually for financial reasons).
In 1917, a number of radicals and anarchists, including Emma Goldman, challenged the new draft law in federal court arguing that it was a direct violation of the Thirteenth Amendment's prohibition against slavery and involuntary servitude. However the Supreme Court unanimously upheld the constitutionality of the draft act in the case of Arver v. United States on January 7, 1918. The decision said the Constitution gave Congress the power to declare war and to raise and support armies. The Court emphasized the principle of the reciprocal rights and duties of citizens: :"It may not be doubted that the very conception of a just government in its duty to the citizen includes the reciprocal obligation of the citizen to render military service in case of need and the right to compel.".
The cost of conscription can be related to the parable of the broken window. The cost of the work—in this case military service—does not disappear even if no salary is paid. The work effort of the conscripts is effectively wasted, as an unwilling workforce is extremely inefficient. The impact is especially severe in wartime, when civilian professionals are forced to fight as amateur soldiers. Not only is the work effort of the conscripts wasted and productivity lost, but professionally-skilled conscripts are also difficult to replace in the civilian workforce. Every soldier conscripted in the army is taken away from his civilian work, and away from contributing to the economy which funds the military. This is not a problem in an agrarian or pre-industrialized state where the level of education is universally low, and where a worker is easily replaced by another. However, this proves extremely problematic in a post-industrial society where educational levels are high and where the workforce is highly sophisticated and a replacement for a conscripted specialist is difficult to find. Even direr economic consequences result if the professional conscripted as an amateur soldier is killed or maimed for life; his work effort and productivity is irrevocably lost.
Other proponents such as the late William James consider both mandatory military and national service as ways of instilling maturity in young adults. Some proponents such as Jonathan Alter and Mickey Kaus support a draft in order to reinforce social equality, create social consciousness, break down class divisions and for have young adults to immerse themselves in public enterprise.
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