bub

A contract can be broken. I have no idea how it works in common law systems, but it should also be possible there.

For example, according to the civil code, a contract is void if its object is illegal.

And even if the cause is not illegal, can't you resign?

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dirtpoorchris

Ok, then what about this situation.
At first I believe in my heart that a soldier only dies one death.
For everyone else not willing to fight dies by being a coward every day.
But through some spark of love, I become reprogramed and I decide that having the ability to kill someone maybe isn't strength.
Maybe being able to stand these other people, and turning the other cheek really is strength.
The route of never taking a shortcutt.
Never ending a life just because it is on the opposite spectrum of what I think I am.
Actively and always trying to instead convince people.
(If you think Jesus was a good person then surely you must agree )
Maybe thats what strength should be.
But because of ink on a paper you are going to use it as an excuse to keep taking the shortcut? To just give in?

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Goobieman

Enlisted soldiers sign a contract to serve for x years. You can only get out before your term of service if the military decides to let you out.

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Goobieman

If you decide to break the contract, then the offended party (in this case, the military) has the right to penalize you, as per the terms of the contract and the laws controlling same.

That is, you can 'resign' and take off, but if you do it without permission, then you're AWOL and can be thrown in jail.

Goobieman

Refusal to obey lawful orders gets you tossed in jail.
You can claim that the war is illegal all you want -- doesn't change a thing.

gunner

Military Law is abit more Black and White. You cannot break the contract lawfully. There are other ways though not legal, take drugs and report yourself to your superiors, that results in a dishonourable discharge after a term of incarceration. Medical discharge was another route [if your good at faining injury]. other than that your rightfully committed to your term. The Military does not have unions or anything similar its run in such a manner as you have to obey no matter what your personal opinions they are of no relevance and can only serve to make you less professional.

"sir i don't want to storm that enemy position i make get killed"

kinda don't work, do you get my drift?

paul.

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Zyphlin

Too damn bad. For a bunch of people blathering on about what is "constitutional" or not they seem to fail to remember that it is the SCOTUS that would be deciding if the war is constitutional or not and not some random wanna-be constitutional law professor deserter.

IF he personally feels that the war is unconsitutional, and THAT is his reason for deserting, then he shouldn't **** on the rest of the constitution and this country by ignoring its laws. Until such time that its deemed by the courts to be unconsitutional he should suffer the punishments that come with deserting. He's not, he's cheery picking which laws and constitutional matters he wants to follow and doesn't want to follow, and wants to act like a martyr. Throw the book at him.

Because, as people have said, you enter into a contract. You volunteer and agree to X amount of years. You get Y amount of perks and benefits while you're enlisted in exchange for doing your duty alongside standard pay. There are many ways to break this contract through legal means that are known and recorded prior to agreeing to the contract. This person however has chosen to go a route that is not a legal means of breaking said contract.

While yes, contracts can be broken, you will almost never find a true professional contract that can be broken at any time, for any reason, without any penalty at all. If there was, there'd be no reason to have a contract in the first place.

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Pookie

Ohhh...mercy. I spent 22 years in and you know, I must have seemed stupid to some in here, but I never, ever questioned what was asked of me. I knew when I joined I could die or be maimed but it was more important to me to give back to my country.
You see, I was so blessed growing up with wonderful parents (RIP, Mom and Dad) and growing up in this beautiful country that I don't know, something in me wanted to give back. Sure, the Army paid me and I have benefits and all, but there was just something there that made me go and join and do my job that I promised to do.
I would never have thought about not going somewhere or anything.
By the way, Bosnia sucked, but at least I didn't get hurt too bad.
I'm weird, I guess.
Purrs,
Pookie

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gunner

Not weird just passionate

bub

Thx for all your answers!

So, you have no choice at all? If they tell you to go to Iraq you must go there?

In my country we're not at war so it may explain the difference, but I believe that soldiers have some choice. For example, those who are in Lebanon were all volunteers to go there, they could have stayed here if they had wanted to.