CHAPTER VI

THE PUBLIC ELEMENTARY SCHOOL

_Importance of the Public Elementary School._--Of the various

schools, it is only the public elementary school with which we need

concern ourselves in this book. The State compels no one to attend

the higher school or the university. The children of the lower

classes of the population, whose relatives are not in a position to

provide instruction for them in their own homes, are all sent to the

public elementary school. Now, since in a manufacturing town nearly

three-fourths of all the children belong to the lower classes, since

for this reason, of the children attending the public elementary

schools, the enormous majority belong to the proletariat, since,

finally, only a minimal proportion of proletarian children attend

any other kind of school, it follows that the public elementary

school is primarily intended for the children of the proletariat,

and that practically the only school available for these children

is the public elementary school. To-day, the children of the lower

classes are educated almost exclusively in the public elementary

school, those of the middle classes chiefly in the public elementary

school, while those of the upper classes are educated almost without

exception in their own homes by tutors and governesses. [Obviously

the writer refers here to the conditions obtaining in his own

country.]

_Methods of Instruction._--Children at the present day can be

educated by any of the following methods: (_a_) The parents

themselves instruct their children; (_b_) they have their children

taught by a tutor or a governess in their own homes; (_c_) they

combine to carry on special schools for their own children (family

schools); (_d_) they send their children either to a governmental

or to a private school. In former days there existed no public

schools. Parents either educated their own children, or had them

educated by a tutor or governess. As time goes on the number of

parents increases who are competent to teach their children all

that they learn at the public elementary school; but most parents

have neither leisure nor desire to undertake this. Consider, for

example, the case of the father of a family whose whole day is spent

at work. Most fathers of families make a better use of their time by

devoting all their energies to their trade or profession, instead of

themselves attempting the education of their children. Thus here also

the principle of the division of labour comes more and more fully

into application. The parent gives his whole time to his work for

a livelihood, and the profession of teacher becomes more and more

exclusively that of a specialist. The children of the proletariat

are in need of education, and in their case, apart from the question

of leisure or desire, the parents lack the necessary aptitude to

instruct their own children. The public elementary schools of to-day

have come into existence for the children of these lower strata

of the population, and the curriculum of such schools has been

determined mainly by the decision of the upper classes as to what it

is expedient that the lower classes should be taught.

Education at home by a tutor or governess is in certain respects

superior, and in other respects inferior, to that obtainable at the

public elementary school. The advantages of home instruction are,

first, that it has a more individual character, since the tutor

or governess is more intimately acquainted with the child, and

each individual child receives a comparatively larger share of the

teacher’s attention; secondly, in the case of a large family, we

have the best possible type of co-education; thirdly, the unhygienic

influences of the public elementary school can be avoided. The

disadvantages are: a really good tutor or governess is by no means

easy to find, and in the absence of such a one, the education is most

inefficient; the domestic instructor is but a single person, whereas

in the public elementary school there are a number of teachers, and

the defects of one will be compensated by the good qualities of

another; we may even say that the defects of the teachers are more

than compensated by the other influences of the public elementary

school. Education by a domestic instructor can never make good for

the child the lack of the multiform life of the school, which affords

so admirable a preparation for later life. In the school there are

many children who compete with one another, but also form friendships

with one another. However questionable it may be, on grounds of

principle, whether for the purposes of instruction and education it

is proper to appeal to the ambition, competitive zeal, and envy of

children, yet we have to admit that so long as the present order of

society continues, based upon individualism and free competition,

it is absolutely essential that children should be prepared for

individualism and free competition. If the domestic instructor gets

on friendly terms with the child, his authority is apt thereby to be

undermined; but if he remains on purely formal terms, he risks the

repression of the child’s individuality. Friction between parents and

domestic instructors is almost inevitable. Education in the public

elementary school costs far less per child than domestic instruction,

and this saving is advantageous, not to the individual only, but from

the standpoint of public economy. It is altogether opposed to the

interest of public economy that each child should have a separate

teacher; that certain work, which can be properly performed by a

certain number of teachers, should be done in such a way as to need

ten times that number of teachers. To do this is to waste time and

energy which in the interest of public economy might be much better

employed. When some children are educated at home and others in the

public elementary school, the two classes of children have entirely

a different education, and this can only tend to accentuate class

contrasts, which are already excessive.

_The General Obligation of School Attendance._--The economic order

of to-day, based as it is upon free competition, should impose like

conditions upon all the competitors in the economic struggle. We

cannot speak of free competition unless all the competitors start

from scratch; in a system of free competition all should start with

the same educational opportunities. As time goes on the desire

becomes ever more general that every member of the community should

secure a certain minimum of education; and it is felt that the State

is not merely justified but obliged to secure this minimum for all.

Thus it becomes continually more important that every adult should

have this elementary minimum of education. The existing economic

order is based upon a general knowledge of writing and reading. One

unable to read or write is hardly in a position to safeguard his

most elementary interests. He should also know the first principles

of arithmetic, inasmuch as to-day the value of all commodities is

expressed in multiples of the monetary unit. The State is well aware

that compulsory education involves a limitation of personal freedom

and an interference with family life; but none the less the modern

State finds it necessary to insist that every child shall receive a

minimum of education.

The State imposes the duty upon those responsible for the care of the

child, of sending this child to the public elementary school from the

age of six to the age of fifteen, or, in default of this, of giving

the child an equivalent education at home. On the one hand, the State

itself institutes public elementary schools; and, on the other hand,

the State gives to the various religious organisations, to the local

authorities, and to private individuals, the right to found and

carry on elementary schools, with the proviso that in these schools

children shall receive the same education (neither more nor less)

as in the State schools. Thus, the State has no concern as to what

education the child’s relatives may think desirable, but exercises

compulsion to secure the adoption of its own educational standard,

either by inflicting penalties if the child does not attend school,

or even by removal of the child for compulsory education away from

home.

But the so-called general obligation of school attendance is not

really general, and applies exclusively, or almost exclusively, to

the lower classes of the population. The other classes can evade the

obligation of school attendance by having their children educated

at home. The proletarian parents are well aware that the elementary

school teaches neither in matter nor in manner in accordance with

proletarian conceptions; but at present they have to submit. The

duty of universal school attendance is not very strictly enforced.

Even in the most highly civilised countries, a certain proportion

of children of school age receive no elementary education. In many

countries the universal obligation of school attendance exists only

on paper. The conditions in this respect are especially bad, on the

one hand, in the country districts (where, therefore, the proportion

of illiterates is much greater than in the towns), and, secondly, in

districts where there is a great demand for labour. The principle

of universal compulsory school attendance is not accepted without

opposition. It is resisted by many proletarian parents who wish their

children to engage in wage-labour at an early age, and it is resisted

also by many capitalists who think they could make larger profits

with cheaper labour.

_The Purpose of the Elementary School._--To enable us to answer the

question, what is the purpose of the public elementary school, it is

necessary that we should first be able to decide what is the purpose

of education. This question is not educational merely, but also

social and political. The purpose of the public elementary school is

dependent at any particular period upon the general characteristics

of that period; for, first, one learns, not at school, but in life;

secondly, the dominant authority in the State in any epoch wishes to

instil in the minds of the young whatever “virtues” are considered

essential to the maintenance of the power of the dominant caste.

All political parties consider the public elementary school to

be extremely important, and each one of them wishes to use this

institution for its own purposes. They all recognise that the future

belongs to the young, that the public elementary school plays the

leading part in the education of the young; and each party sees that

its special aims can be attained only by the education of individuals

to consider that these aims are sacred and desirable. The adherents

of a particular political tendency therefore oppose the inculcation

in the public elementary schools of any tendency adverse to their

own, but they regard it as self-evident that their own views ought to

be inculcated in the elementary school.

_Instruction_ versus _Education_.--Many persons contend that the aim

of the school is not so much education as instruction. They consider

that the main factor in education is not the school, but the family.

But this is certain, that even in the school which thinks only of

instructing its pupils, education in the wider sense is effected.

In school life, in school friendships, in the sense of solidarity,

in the friendly competition between schoolfellows, in the necessity

to learn, are embodied powerful educative influences. It is, in

fact, essential that the school should educate as well as instruct.

The public elementary school of to-day makes therefore a very great

mistake if it insists on intellectual rather than on moral education,

and upon instruction rather than upon education.

_Moral Instruction._--According to the views of educationalists, it

is the aim of the public elementary school to educate children to be,

(_a_) religious, (_b_) patriotic, (_c_) obedient, (_d_) humble, (_e_)

subordinate citizens. The elementary school of to-day does in fact

mainly subserve these ends.

(_a_) Religious instruction and the inculcation of the fear of God

are no proper part of the work of the public elementary school.

Among all the factors of education, it is certainly not the public

elementary school which should undertake this branch of instruction.

(_b_) The public elementary school has to teach children to love

their country; but this should on no account be done in such a way as

to inspire hatred for other countries.

(_c_) The old elementary schools taught obedience and subordination.

But to-day, when the conditions are quite different from those of

the Middle Ages, the public elementary school should do nothing of

the kind, but should rather teach independent judgment, promptness

of action, and soundness of decision. The public elementary school

is a public institution like the (State) railway and the post

office, and compulsory school attendance is a civic duty analogous

to the duty of military service. But it is necessary to protest most

energetically against the inference sometimes drawn from the analogy

between the two last-named duties, that the elementary school should

be the preparatory school to the barrack, and the barrack a sort of

continuation school to the elementary school--against the doctrine

that children should be disciplined to a blind obedience. We must

carefully avoid overestimating the importance of discipline. The

school must and does use compulsion. Discipline is an important means

of elementary school education, and such education is unthinkable

without discipline. But children are sufficiently disciplined by mere

attendance at school for a certain time.

(_d_) The following idea is very generally diffused, that it is the

aim of the school to prepare children for the life they will have

to lead when they are grown up. Most of the children attending the

public elementary schools will become proletarians, wage-workers.

Since the proletarian must be diligent, thrifty, humble, disciplined,

it is regarded as the duty of the elementary school to inculcate

these virtues. But these so-called virtues are not virtues at all.

The greatest obstacle to any improvement in the lot of the average

wage-earner is that he should be content with things as they are. The

labourers’ wage represents the minimum that he finds requisite to the

satisfaction of his needs; when his needs increase, his wages rise.

Every friend of social progress should endeavour to secure that the

elementary school should arouse in the children certain needs and

desires.

(_e_) Many persons wish to utilise the public elementary school to

turn children away from socialist ideas. This is to be done by making

the children acquainted with the dangers which the realisation of

socialist theories would involve, and in addition by inculcating in

the children the afore-mentioned virtues. But the attainment of this

end is less easy than such persons imagine. The public elementary

school exercises a certain influence. The workman who has received at

school education and instruction of the suggested type will doubtless

less readily become an enthusiastic adherent of the socialist party

than the workman who has never attended an elementary school, and

who was an illiterate until he first came under the influence of his

trade union. But the notions inculcated in the public elementary

school in respect of obedience, humility, and the like are readily

eradicated by a short experience of socialist comradeship, and

replaced by social-democratic ideas.

_General Culture._--It is by no means one of the aims of the public

elementary school to provide general culture. Even less is this

the aim of education than it is the aim of the public elementary

school--and the provision of general culture by the latter would

appear to be entirely out of the question. During the few years a

child spends at the public elementary school, it is impossible to

attempt to impart all that is included in the wide field of general

culture.

_Individuality._--A large proportion of those pupils with a

well-marked individuality can develop their personality even in the

school. The tendency of the school is in many cases to rub off the

edges and corners of individuality. But it is impossible to approve

of the extent to which, in the public elementary school of to-day,

the children’s individuality is repressed. Our present elementary

schools do not individualise enough. Their principal aim is, not so

much to provide a sound education, as to force all the pupils through

the same rigid curriculum, without making any allowance for their

various special aptitudes. (For what good end is it that the modern

educational authority should regulate every detail of school-life,

down to the quality and price of the articles used in class, and

even to the colour of the manuscript books and the precise number of

pages they are to contain?) In the elementary school of to-day, owing

to the large size of the classes and the small number and defective

training of the teachers, individualisation is impossible.

_Beauty._--The school must not indeed attempt to make all the

children into artists; but the children must most certainly be taught

to understand and appreciate beauty--that is, the arts. Our present

public elementary schools are extremely defective from this point of

view.

_Knowledge._--Knowledge gives the individual power, and provides him

with a powerful weapon in the struggle for existence. The dominant

classes, for the protection of their own egoistic interests, keep

knowledge for themselves, and refuse to provide the lower classes

with the means and weapons for their liberation. The State insists

upon a minimal quantity of knowledge for every one of its members,

because this is to the interest of the community and of the upper

classes. But since to impart to the common people anything beyond

this minimum of knowledge would threaten the dominance of the upper

classes, or would at any rate involve pecuniary sacrifices on the

part of the latter, and since it might even lead to the liberation of

the lower classes, the functional activity of the public elementary

schools is kept at as low a level as possible, and is limited as much

as possible both intrinsically and extrinsically. The State and the

upper classes devote to popular education only such an amount as is

found to be absolutely essential. They are well aware that much more

could be done than is done in the way of popular education; but since

they know also that this would redound chiefly to the advantage of

the lower classes, they propose no advance upon the present system.

This affords a satisfactory explanation of the fact that the modern

State spends so much less upon elementary schools than upon middle

or high schools--that is, upon institutions for the upper classes,

and why the State spends so much less upon education in general than

upon other things. The budget of any modern State would exemplify the

fact that the individualist State spends at least five times as much

for military purposes as upon elementary education. The more complete

the division of labour, the more do employers tend to utilise the

services of unskilled labourers--that is, the services of those whose

work is of such a character that all they need know to enable them

to perform it is at most a little reading, writing, and arithmetic.

The capitalists have no use for workmen with more knowledge than

this, for the unskilled workers are cheaper. The owning class are not

inclined to make sacrifices to enable the children of workpeople to

learn more in the elementary school. They know very well that to do

this would merely be to do themselves harm, for the more the workman

knows the more readily does he think independently, the more critical

is he, and the more readily does he recognise the defects of the

existing social order.

_Science._--The modern public elementary school professes to teach

children science. But they must first of all give their pupils desire

and capacity for the acquirement of science. It should not be their

aim to impart to the child the elements of any particular science,

but rather to develop a capacity for a speedy acquisition of the

knowledge it will find necessary in the course of its life. The

procedure of the older elementary school which laid stress only upon

memory is almost completely a thing of the past. But even to-day the

elementary schools of Europe lay most emphasis upon the exhibition by

their pupils of extensive knowledge, and this involves an overtaxing

of the memory at the expense of the powers of thought. The elementary

schools of the United States of America, on the other hand, do not so

much endeavour to secure that a certain quantity of knowledge should

be imparted, they do not so much insist upon thorough instruction,

and strict concentration in the narrower sense of the term, as

endeavour to effect a stimulated interest and a certain degree of

orientation in all departments of knowledge. The latter system is the

sounder. But a certain foundation of positive knowledge is absolutely

essential, for upon this foundation is based the acquirement of all

the knowledge subsequently gained, and necessary for the purposes

of life. The modern elementary school teaches much and many things,

including much that is altogether superfluous, but what the children

will really need in life is either not taught at all, or taught

defectively and inefficiently. Great emphasis is laid upon religion,

grammar, and history; modern science is comparatively ignored;

technical instruction, drawing, natural history, the principles of

morals, political economy, and legislation, are neglected. (It is

through the neglect of the last-mentioned that it results that man is

perhaps able to understand his responsibilities towards his Heavenly

Judge, but certainly not towards any earthly one.) When we examine

the teaching of history in the modern elementary school, we find that

the pupils, instead of acquiring some general ideas upon universal

history, and the history of civilisation, have their minds crammed

with a jingo record of wars and dynasties, a mass of dates of battles

and other trivial incidents, patriotic anniversaries, and a biassed

selection of anecdotes--all this having no other object than to bring

the children up as jingoes and anti-socialists.

_Home Work._--The idea that children must have no home work to do,

and that they should do all their work at school, is an exaggerated

one. But the fact remains that the tendency of the modern elementary

school is to overburden children with home work. This is all the

worse because the work at school is often too much for the pupils,

and to add home work is then sheer cruelty. The domestic arrangements

in the majority of proletarian homes are so exiguous, that it is

impossible for children to find the necessary conveniences and the

necessary order and quiet for any considerable amount of home work.

_The Exclusion of Certain Children._--In the public elementary

schools we find many children who ought not to be there--children,

for example, with arrested development, abnormal, neglected, &c.

If in any class there are many children suffering from arrest of

mental development, one of two things may happen--the teacher may

devote special attention to them, or he may not. In the former case,

the progress of the whole class is hindered; in the latter case,

the unfortunate backward children fall yet farther behind. Morally

neglected children, and children with criminal tendencies, should be

removed from the school, or they will corrupt the other children.

But if they are excluded, we have to fear that we are depriving them

of their last chance of improvement, and that they will become more

neglected than ever. To-day we find that there is a most deplorable

increase, above all in the large towns and manufacturing centres,

in the number of children who habitually evade school attendance

or play truant from school, idle about through the days, and then,

after school hours, and in fear of punishment, keep also away from

home. It has been proved that the great majority of these habitual

truants are feeble-minded to a degree, and for this reason tend to

adopt a vagabond life. If such a child is excluded from school, it

legally attains the condition of liberation from the obligation

of school attendance which it had previously attained illegally

though in actual fact. Chiefly in consequence of the inadequate

psychological training of the teachers, feeble-mindedness and other

mental and moral abnormalities in children are apt to be overlooked.

It is desirable that all teachers should receive a far more thorough

training in the psychology of education than has hitherto been

customary. It is necessary that for weak-minded children, or for

those who are in other respects backward or abnormal, special

schools, or in great educational institutions, special classes

(disciplinary classes), should be founded. Of late years a start has

been made in this direction.

_Rewards and Punishments._--In the public elementary school of

to-day, sound methods and principles in the matter of rewards and

punishments find but little application. Corporal punishment is

freely used, and in many cases the children are grossly ill-treated.

In the United States of America, the general experience has been that

in schools in which corporal punishment is unknown, better results

are obtained and a higher general level is reached than in schools

in which corporal punishment is customary. The mere knowledge that

they are liable to such degrading punishment suffices to lower the

children’s morale, whereas, when they feel themselves absolutely

secure from the risk of such punishment, they feel themselves from

the first to be honoured and respected. In the better elementary

schools of the United States corporal punishment is in fact unknown.

_The Constitutional Element._--In the order of the modern school no

constitutional element is recognised; the teacher is an absolute

ruler, and the pupils are subjects without rights. But this

system is not one fitted to prepare the children for democratic

social and political life. In the United States of America some

of the elementary schools have a method of government which is

quasi-parliamentary in character. It is desirable to introduce

this system into Europe, although certain modifications may be

necessary. The relationship between teacher and pupil should be as

follows. The teacher does not work solely by authority. He explains

in all cases the reasons for his commands and prohibitions; he

recognises and admits his own mistakes, treats his pupils as equals,

and makes common cause with the well-behaved children to keep the

ill-behaved in order; just as in the education of the individual we

counteract the morbid elements in the disposition by cultivating

the healthy elements, so in his school the teacher uses the good

elements to counteract the bad ones. By making common cause with

the well-behaved children against the ill-behaved, he induces the

former to become unconsciously the instructors and educators of the

latter. He endeavours to effect the growth among the children of a

public opinion, which shall warn transgressors and prescribe their

punishment. He must also utilise free discussion among his pupils as

a means of stimulation and instruction. (Parents should employ much

the same methods in the upbringing of their own children.)

_Parents and the School._--The view that the teacher need concern

himself about the child only so long as the latter is within the

four walls of the school, and that he is justified in completely

ignoring all that happens to the child outside the school, is utterly

false, and must be abandoned. To-day a question which attracts much

attention is how parents may be induced to support the teacher.

In this respect the conditions in Europe are worse than those in

the United States of America. In Europe parents commonly rejoice

when the school takes the burden of children off their hands. Many

teachers, on the other hand, are instinctive bureaucrats, who regard

it as wrong for the parents to exert any influence whatever upon the

teacher’s relationship to his pupils. Quite recently the following

view has begun to prevail--that it is the duty of the parents to send

their children to the lowest class of the elementary school with such

a grounding that the teacher may readily proceed to build thereon;

the parents should remain throughout in contact with the teachers.

This contact may be of a manifold kind: the teachers keep the

parents acquainted with all the important details of the course of

instruction, and at voluntary evening reunions explain to the parents

the concrete problems of education. We can approve the conduct

neither of those parents who always uphold the teacher against their

children, nor of those, on the other hand, who always abuse the

teacher to the child. The former procedure brings the children up as

slaves, the latter undermines the foundations of the respect which

every teacher should inspire in his pupils.

_Sexual Education._--A thorough reform of sexual education is

absolutely essential. 1. The question of co-education does not

properly belong to this work, and can be touched on merely in

passing. In the public elementary schools almost all over the world

co-education is the rule; elementary schools for one sex only are

exceptional.[5] 2. The Church regards the sexual life as something

essentially immoral, of which the child is to know nothing whatever.

Its motto is: Silence. The earlier elementary schools, owing to their

intimate dependence on the Church, shared this view. The sexual

enlightenment of children is recommended especially by the advocates

of the emancipation of women. The question is even more important

to women than it is to men, since the right solution of the sexual

problem will entail for women greater advantages than for men.

The sexual enlightenment of children is absolutely necessary for the

following reasons. (_a_) The sexual life conceals many dangers for

the child, and the latter will better be able to guard against those

dangers if he is aware of their existence. No one has the right to

put a sharp knife in a child’s hand without pointing out the dangers

of the weapon. But the forces of the sexual life, when ill-understood

and ill-controlled, are far more powerful and far more dangerous

than the sharpest knife. He who will learn to walk and to run must

risk stumbling and falling, and no one can learn to swim without

swallowing a little water. (_b_) That which is half-concealed is

far more stimulating than that which is revealed. If children are

not properly enlightened concerning the sexual life, they become

accustomed to regard matters of sex solely from the standpoint of

personal desire and personal enjoyment, and to regard the sexual

life and the other sex as something hateful and despicable. (_c_)

If the child receives no enlightenment concerning the sexual life,

its confidence in its teacher and its relatives is necessarily

undermined. How shall a child retain confidence in those who give

it no advice in a matter in which the need of advice is so urgently

felt? Can the child be expected to follow their advice in other

departments of life, when in this department it receives bad advice

or none at all? Can a child give confidence to its elders in other

matters, when in this matter it is fobbed off with lies and fables?

The following arguments are adduced against the sexual enlightenment

of children. (_a_) It is better, supposing that the sexual impulse

has not yet awakened in a child, that nothing should be done to

direct its attention to the sexual life. (_b_) The enlightenment

of children is a very difficult matter, and is, in fact, hardly

practicable.

The former of these arguments is not altogether groundless. But in

present conditions silence is impossible, and it is better that the

child should obtain its information from a pure and trustworthy

source. With regard to the alleged difficulty of effecting the

sexual enlightenment, recent experience shows that the requisite

instruction can be suitably and inconspicuously introduced into the

natural history lessons, and adapted to the age and intelligence of

the child, without any excessive detail being attempted. The stress

has to be laid, not upon enlightenment as to the processes of sexual

conjugation, nor upon detailed instruction as to the development of

the human embryo, but rather upon a mainly hygienic enlightenment

concerning the dangers attendant upon sexual intercourse.

Should the sexual enlightenment of children be the work of the

school, or should it be, as many insist, the duty either of the

parents or the medical adviser? The co-operation of parents and

medical adviser is certainly indispensable, but the principal part

in the work of enlightenment belongs to the school. One of the main

difficulties in sexual enlightenment by the parents depends upon the

fact that the majority of parents lack the requisite ability and the

requisite biological knowledge. Of late the schools have actually

begun to undertake this work of the sexual enlightenment of children.

It is unquestionably the tendency of evolution that the sexual

enlightenment of children up to a certain point should be effected in

the school.

_Religious and Moral Instruction._--It remains undecided whether the

public elementary school of to-day was of ecclesiastical origin.

But it is an unquestionable fact that from the first the Church

exercised a great influence upon the public elementary school, and

that the Church continues to struggle for the spread of its own

ideas through the intermediation of the schools. The influence of

the Church secures, not merely that religion shall be taught in the

schools, but, in addition, that in the teaching of other matters,

the ecclesiastical spirit shall have free play. This explains the

fact that the teaching of natural science has been neglected in the

schools, on the ground that it is antagonistic to religion. The

alleged necessity of religious teaching is based upon the assertion

that by such teaching children are guided in the paths of morality.

But as religious instruction as at present administered, it is by no

means adapted to produce this effect. To teach children difficult

ethical concepts in an abstract form, and to make them commit these

abstract formulations to memory, is a mode of ill-usage. We cannot

teach a child to be moral by preaching to it a great deal, and by

telling it many moral and religious stories and drawing for it many

moral and religious conclusions, unless we take pains at the same

time to find associations within the child’s own circle of interests

for the ideas we are endeavouring to impart. It is impossible to

induce in a child the habit of moral conduct by purely intellectual

demonstrations, in connection with which the child’s interest in

the processes and situations of the relation is perhaps wilfully

mistaken for a desire to imitate the actions that are described.

Moreover, in the religions that are taught in the modern public

elementary schools, we find reflected the moral conceptions of days

long past--conceptions whose interest is now historical merely. These

religions deal only with the morals of adult persons--their examples

relate only to adults; whereas the sound moral instruction of young

people must pay attention above all to the numerous little needs

and passions of the child. Religion and morality are two altogether

different things. A knowledge of Bible history and of religious

dogmas cannot make anyone more moral. There are many countries in

which we find that the extent of immorality is directly proportional

to the extent to which, in the various areas, a religious spirit

prevails. Our general conclusion, therefore, is that the public

elementary school should not be founded upon a religious basis, and

that it should not undertake to give religious instruction. The

standpoint of France, formerly so religious a country, is thoroughly

sound. The principle of religious liberty allows everyone to profess

whatever religion he pleases. It is a logical corollary of this

principle that the public elementary school, which is open to all,

should be neither religious nor anti-religious; that is to say, that

it should be a secular, lay, neutral school, and that religious

instruction should be left to the parents.

But, in view of these considerations, it is all the more necessary

to provide for special moral instruction in the public elementary

school. It is not a valid objection to say that ethics are too

difficult for children; in this matter everything depends upon how

they are taught. Evidently moral teaching will be effective only if

the right educational methods are employed, and it cannot be said

that this has hitherto been the case to any considerable extent.

Moral instruction must not consist in mere repetition of ethical

principles, but must be a lesson of a very practical order; it must

not be a dry enumeration of duties, but an introduction to the

realities of social life, the aim of moral instruction being to

teach the pupil sound views of life, and to lead him to regulate

all his thoughts and all his activities with reference to their

“social reaction.” The introduction of ethical problems and moral

outlooks into the instruction given in other branches of study

is also necessary, and may indeed begin at once, for this offers

no difficulties. But it is also absolutely essential that moral

questions should receive a comprehensive and connected consideration

in a special course of lessons. For more than a quarter of a century

moral instruction has been given in the elementary schools of the

United States and of France. In France this course of lessons is

used, not merely as an instrument in the campaign against clericalism

and monarchism, but also, quite wrongly, as a means for the

cultivation of jingoism.

_Physical Education._--The modern public elementary school, in

pursuit of mental education, neglects not moral education only,

but physical education also, by condemning the child to prolonged

physical inactivity. As soon as a child is barely six years of age,

it is forced to sit, day by day for many hours, stiff and quiet, on

the narrow benches in the class-rooms, although such repression of

the childish instinct towards incessant activity is injurious to the

health. The child is overburdened mentally, the school curriculum

being overloaded with subjects, and a bad system of instruction

being employed. The gymnastic lesson of to-day consists mainly of

the comparatively useless exercises of the parade-ground type, and

in the country schools even these are neglected. Well-grounded

complaints about all these defects are incessantly heard. The results

are disastrous. Imbecility and mental hebetude may ensue; there even

exist special diseases of school life, such as nervous debility,

headache, lateral curvature of the spine, short-sightedness,

jaundice, &c. Bad air, dust in the class-rooms, interference

with free breathing consequent upon long-continued sitting, and

catching cold on the way home from school, favour the acquisition of

tuberculosis.

Of late satisfactory efforts for the reform of school hygiene have

been initiated. On the one hand, the attempt is made to secure that

school life should not entail any dangers to the child’s health; on

the other hand, efforts are made to provide proper treatment for the

various disorders that prevail among the children, and especially

among the younger ones; the physical energies and adroitness of the

children are stimulated by technical instruction, gymnastics, and

free movement in the open air. It is recognised that the education

of children should take place mainly in the open; that not natural

history only, but most other subjects, should be taught in connection

with open-air walks and excursions. More and more stress is laid upon

the provision of playgrounds, school gardens, and the like. School

gardens are already to be found in many towns, where the children can

do bodily work in the fresh air--dig, for instance, tend flowers,

&c., occupations which have an excellent influence upon their

health. Quite recently baths have been provided in many schools,

and sometimes even the use of these baths is compulsory. This is

especially valuable where the school children are very poor, for in

the case of the very poor, as is well known, not much attention is

paid to cleanliness in the children’s homes.

In every progressive State, school doctors have now been appointed.

It is a sound principle that the school doctor should not be engaged

in private practice, but that he should also be physician to the

poor-law authority. The institution of the school physician is,

however, of value only if a skilled and detailed examination of the

individual children is undertaken, and if steps are taken to secure

that the medical advice given in individual cases is actually carried

out. In many German schools provision is made that sick children

without means shall be sent by the school authorities directly to

the town physicians for treatment. In some of these schools, school

nurses have been appointed, who supervise the carrying out of medical

instructions, and, when necessary, accompany the children in their

visits to the doctor. The tendency of evolution is that necessary

treatment should be carried out by the school doctor. For some years

past, in many towns in Germany, dental clinics have been instituted

in connection with the schools. They are necessary in view of the

fact that a very large proportion of children attending the public

elementary schools have diseased teeth; those whose parents are poor

would otherwise receive no dental treatment, and the proper treatment

of these disorders of the teeth constitutes an important adjuvant in

the campaign against the infectious diseases and in the prevention of

tuberculosis. Very recently the question has been discussed whether

tubercular children ought not to be excluded from the schools.

Among more recent movements tending towards the destruction of the

hegemony of the towns, we find an attempt to remove the schools from

the towns, and to give them the form of boarding-schools, with an

attempt to provide a sort of family life, much stress being laid upon

the physical education of the children. Such schools are to be found

in England and in the United States of America and here and there

in Germany. They are more costly than the others, and the attempt

to reproduce in them a kind of family life is apt to be a failure.

For children suffering from physical debility they are extremely

useful, and they offer a valuable field of experiment for teachers

who wish to apply exceptional educational ideas. Of late, also, the

attempt has been made to utilise the school in the campaign against

tuberculosis, alcoholism, and the venereal diseases. It is declared

to be absolutely necessary that the children should receive far more

hygienic instruction than has hitherto been customary--of course,

merely as an adjunct to the other branches of education.

_Manual Training._--Loud complaints are heard to the effect that

the elementary school fails to secure a general and harmonious

development of the bodily and mental capacities of the child--that

it merely crams the child with certain information, without

endeavouring to secure that it shall acquire knowledge by its own

experience. It is recognised that that knowledge only is permanent

and possesses serious moral influence which constitutes an

indispensable constituent of general culture; and it is understood

that the recognised defects of our school children cannot be avoided

unless we include as a part of the school curriculum a sufficiency

of manual training. At first sight it may seem quite impossible for

the educationalist, by training the child to perform certain suitable

bodily movements, constituting the elements of some particular

handicraft, to influence that child’s mental or moral development;

it seems impossible, that is to say, that to teach the child a

handicraft can subserve a profoundly important educational end.

The impulse to physical activity is deep-seated in human nature,

and is irresistible. It is present in every healthy child. It is

an aim of education to cultivate the proper manifestations of this

impulse; otherwise it is very apt to take the form of some bad

habit, of passionate outbursts, or of destructiveness. In earliest

childhood the impulse to activity finds complete satisfaction in the

games of which young children are so fond. The irregular and mutable

activity of games must gradually, and without obvious compulsion, be

transformed into a regular and orderly activity. (Many physicians

insist that children should not begin to learn to read and write

until they are nine or ten years old, and that below this age their

only instruction should be manual. The reason they give for this

demand is that it is during the first seven years of life that the

human brain grows most rapidly, that this organ should receive very

gentle treatment during this period of life, and that all risk of

its overstrain by one-sided stimulation of the intelligence must be

carefully avoided.)

Manual work invariably represents an attempt to gain some particular

end. Every such end is made up of various components; we see this

composite character most clearly when the aim of the work is to

achieve some definite physical result, such as the putting together

of some complex body made up of numerous parts. Such work as this,

children usually undertake with pleasure. Since the final aim and

the constituent aims are all obvious, the child sees at once that

it is continually approaching more nearly to the attainment of the

ultimate aim, and notes with delight the progressive steps achieved

towards this end. (Self-esteem is essentially nothing more than the

consciousness on the part of the individual of his capacity for

producing some tangible result.) Manual work is interesting even

to the naughtiest and most impatient of children. It arouses and

increases will power and desire for work; satisfies the impulse

to activity; forces the child to think independently, to use its

perceptive faculties, to be practical. It is for this reason that

manual work plays so great a part in the education of intellectually

backward and neglected children. Manual training gives the child

opportunity for productive work, and thus prepares it for its

subsequent life. Manual training develops in the child precisely

those faculties which it will most need in later life, namely,

conscientiousness, precision, pleasure in its work, enterprise. It

develops the hand and the eye, the two most important organs of the

human body, to a fuller degree than can be effected by writing,

drawing, or gymnastics; and in this way it provides the child with

something which will be found valuable whatever trade or profession

may ultimately be adopted. It thus gives the child the necessary

preparatory training for every subsequent occupation. The idea

that the growth of machine industry has rendered manual training

superfluous is utterly erroneous. Manual training is good for the

health and the physical strength of the child. At the period of the

puberal development, manual training is of especial importance to

children. It has a quieting influence upon the brain and the senses,

and distracts the child from morbid and sensual impulses. Through

bringing into play the physiological influence of fatigue, it hinders

and delays the awakening of the sexual impulse, and does nothing to

direct the child’s attention towards the sexual life.

To-day much stress is laid upon training the perceptive faculties by

means of object-lessons. Manual training affords the best training of

the perceptive faculties, being even more valuable in this respect

than the actual object-lesson. We learn to know an object fully not

merely by looking at it, not even, in addition, by handling it,

smelling it, tasting it, and listening to it. If we wish to know an

object through and through, we must work upon it.

The child is always glad to engage in physical work. Both child and

teacher soon learn to recognise for what the child has inclination

and talent. The child will then choose for its life’s occupation

that which it has already learned to understand, and which best

corresponds to its own inclinations. In this way the mistakes,

which are so common to-day, in the choice of an occupation will be

avoided, and the almost morbid desire of children for a clerical or

professional career will be mitigated. Opportunity is given for the

recognition and cultivation of any special artistic faculty the child

may possess. The aim of education, namely, to awaken and cultivate

the child’s natural capacities and inclinations, can only be attained

when the teacher recognises their existence, and is able to form a

correct picture of the child’s mental life. But the teacher will

not be able to do this unless he sees his pupil engaged in physical

work as well as in mental. If at school young people are exclusively

occupied in mental work, they acquire an antipathy to physical work.

Manual training, on the other hand, teaches children to esteem

physical labour and the proletariat. Anyone who has received a

thorough manual training necessarily possesses mechanical knowledge

and skill. Since such knowledge and skill are the first requisites of

so many skilled handicrafts, one who possesses them is unlikely to

become an unskilled labourer.

Whereas in former times various kinds of productive work formed part

of the economy of domestic life, so that the child had opportunities

for seeing and learning such occupations in its own home, to-day we

find that not even children’s toys are made at home, but are bought

ready-made. Manual training is also advocated, on the ground that

it is necessary to ensure that there shall be an adequate supply of

skilled manual workers. This, we are told, may contribute to keep

alive the lesser industries which tend to disappear before the great

manufacturing industry. But the replacement of handwork by the work

of machines is a tendency of evolution which no one has the power

to arrest. It is not truly the aim of manual instruction to produce

skilled adult manual workers; we advocate it simply as a means of

education which has nothing whatever to do with technical education.

Manual training must be carefully adapted to the child’s age, and

in the case of very little children must take the form rather of a

game. Its character may be very various: the preparation of drawings

and models, experimentation with tools, the construction of tools

or other useful objects out of wood, clay, dough, iron, &c., garden

work, and the like.

Although the results of manual training are so remarkably good,

it is only quite recently that it has been utilised as a means of

education. The explanation perhaps is that manual work being all done

by slaves, serfs, body-servants, and wage-labourers, was despised

by the upper classes, and for this reason its great educational

value was so long overlooked. Ethical and educative influences are

so completely lacking to wage-labour, that the child should not be

occupied in wage-labour, but only in manual work of an educative

influence and tendency. Instruction in productive work, involving

an explanation of the fundamental methods of the production of

commodities and habituation to the use of the simpler tools must

form a part of education. The attempt to extend manual training

expresses the general tendency of evolution. The elementary schools

of most civilised countries show that manual training can be readily

introduced into the elementary school curriculum. Indeed, in the

public elementary schools of many countries, manual training is now

compulsory, especially as regards instruction in feminine manual

occupations. But manual training cannot be developed to the fullest

extent, nor can this method be expected to furnish the best possible

results, until capitalist production for profit has been replaced by

social production for use.

_Preparatory Schools._--What we said about crèches applies, though

with some differences, to preparatory schools. Children go to the

modern elementary school at a comparatively early age, and are

subjected to the discipline of school without any preparatory

initiation. Institutions whose aim it is to prepare children for

the life of the public elementary schools are known as preparatory

schools. The idea that before the age of school-attendance the

child should be methodically employed for some hours daily, that

the occupation should be physical, and that the work should be so

arranged as to appear to the child as a kind of play, is not a new

one. Alike on educational and on social grounds it is certainly

desirable that the period of public education should begin earlier

than the present age of compulsory school-attendance. Such is indeed

the tendency of evolution, and in Hungary we have already advanced

far in this direction.

_Supervised Playgrounds for Children (Kinderhorte)._--With the

growth of capitalism there have come into existence (though somewhat

later than the preparatory schools) supervised playgrounds for

children (_Kinderhorte_) to provide care and training out of school

hours for the school children whose parents work away from home.

These institutions may be associated with the schools, or may exist

independently; there may be separate playgrounds for boys and for

girls, or the two sexes may play together. In the United States of

America there exist “Children’s Clubs” for school-children, which

differ from preparatory schools, inasmuch as their main purpose is to

provide entertainment.

_Increasing Importance of the Public Elementary School._--The family

circle in which the proletarian child lives tends, as a rule, to

counteract the beneficial effects of school life. Nor are the other

elements in the environment of the proletarian child such as tend to

exercise a good educational influence. For this reason quite recently

the question has been mooted how the school may best counteract the

evil influences of the family and the environment. As time goes on

the public elementary school becomes ever more important, its circle

of duties becomes more comprehensive, and it undertakes many elements

of education which formerly appertained to the parental home and

the environment. The public elementary school and the associated

institutions begin to exercise functions outside the domain of

education in the narrower sense, and to absorb some of those formerly

exercised by the poor-law authorities, inasmuch as the schools are

coming to satisfy other needs of the proletarian child in addition

to the need for education. Consider, for example, the association

with the public elementary school of preparatory schools, supervised

playgrounds, baths, gardens, workshops, savings-banks, &c.

_Feeding of School Children._--The children of the lower classes are

to-day quite unable to pay for their schooling. If every pupil had to

pay school fees, a strict enforcement of compulsory school attendance

would involve gross injustice to the poorer classes. If the State

makes school attendance compulsory, the State must make it possible

for every child to attend school. Many children fail to attend school

because they lack proper clothing, and especially boots and shoes.

Is it not the duty of the education authorities to provide for poor

children of school age the clothing they need to make it possible

for them to attend school? This is not as yet recognised as a public

duty, but we see an unmistakable movement in its direction. In most

countries public elementary education is already free, in some

cases for all the children, in others only for the poorest; school

materials and books are as yet supplied gratuitously only in France,

Switzerland, and the United States of America.

Is it a part of the work of the public elementary school to provide

food for the pupils? (Should it provide a dwelling? Even those whose

demands are most extensive ask merely that the elementary schools

should provide a home for the child during the day time, on the one

hand during school hours, on the other during the intervals.) The

question of the feeding of school children was first mooted by the

teachers about thirty years ago. It was evident that a smaller

or larger proportion of the children attending urban schools (in

wealthier towns from 3 to 10 per cent., in the suburbs of large towns

even as many as 90 per cent.) were unable to derive adequate benefit

from their teaching because they were underfed. The proletarian

mother lacks sufficient time to prepare food for her children,

especially the midday meal. Few workmen earn enough to provide a

dietary in conformity with hygienic demands. The school is often

far from the home, and the children have neither time nor desire to

return home to dinner. The need is especially striking during the

winter months, inasmuch as at this time there is more unemployment,

whilst it is precisely at this season of the year that hot meals

are most necessary. Moreover, whilst it is simply cruel to force

half-fed children to learn, they hinder the progress of the others.

It is objected that the feeding of school children conflicts with

the principle of parental responsibility, and that it impairs the

intimacy of family life, which demands, as all will admit, that the

members of the family shall meet one another at least at meals. Our

aim, we are told, should therefore be to do away with the poverty

which is the cause of so many children coming to school underfed. But

school feeding may be so arranged that the parents are charged for

the meals at cost. Moreover, it is proposed to supply only breakfast

and dinner--meals which many proletarian parents are in any case

unable to take at home.

School feeding can be combined with instruction for the girls in

cooking and domestic economy. The meals may be given in the school,

which is the best plan, or in special institutions. The feeding of

school children must be kept entirely in the hands of the education

authorities; it has nothing to do with the poor-law, and it is

absolutely necessary that it should be kept completely distinct

from poor-law administration. (Who is to determine the children’s

need--the poor-law authorities or the school? The latter, in my

opinion; but this cannot always be done off-hand--in doubtful cases

a house-to-house visitation will be necessary.)

Quite recently it has been claimed that the feeding of children in

the public elementary schools should be entirely gratuitous--that

is to say, that food should be provided for well-to-do as well as

for necessitous children. This claim is supported by the following

arguments: (_a_) It is a logical consequence of universal free

education; (_b_) if school meals are provided for necessitous

children only, as if in relief of destitution, then, however

tactfully this may be done, parents and children alike feel ashamed

and suffer from a loss of self-respect. The following objections

are made to these views: (_a_) Feeding satisfies a natural need,

education a need peculiar to civilised man; (_b_) it is possible to

provide a suitable diet in the family circle, but not to provide

there a satisfactory education; (_c_) provided the feeding of the

children is general, no one need be ashamed, if those parents able to

pay have to pay, whilst the others are fed gratuitously. But these

objections are not worth further consideration.

There is not as yet any uniform and generally accepted system for the

feeding of school children; we find such feeding only in isolated

schools, and meals are provided for necessitous children only. The

actual results of the institution have been admirable. In England,

a law providing for the feeding of school children was passed in

the year 1906. But this did not introduce a general national system

of school feeding; the law was permissive merely, empowering the

poor-law authorities and education authorities to organise private

benevolence for this purpose, and, in the event of this latter

proving insufficient, allowing a limited expenditure of public funds.

The tendency of evolution is unquestionably in the direction of the

introduction of gratuitous and general school feeding. But in the

future, when the upbringing of children will be altogether better

than it is to-day, this institution will be unknown.

_Care of Young Persons after they leave School._--The necessity and

importance of supervising young persons after they leave school are

obvious from the fact that the period of the puberal development,

the period immediately after leaving the public elementary school,

and after passing from the family life to a life of freedom, is

the most dangerous of all periods in the life of children of the

poorer classes. The means to be employed for this purpose are the

following:--

(_a_) The institution of special homes for young persons, where

those with no regular homes of their own can board and lodge.

Connected with these it is well that there should be employment

bureaux and lists of recommended dwellings.

(_b_) The institution of places for the occupation and amusement of

apprentices and young workpeople of both sexes during their hours of

freedom.

(_c_) The arrangement of occupation for Sundays, amusing as well as

instructive.

(_d_) The organisation of the young. There are associations for young

people connected with the various religious bodies, also political

associations, and others without either religious or political

tendency; in addition, there are apprentices’ clubs. Within the

ranks of the socialists we find two opposing tendencies. Some wish

to found special socialist organisations for young people; others

contend that better work can be done within the limits of existing

organisations. The attempt is made to associate these movements with

the continuation schools; that is, an attempt is made to secure that

every large continuation school should have attached to it a young

persons’ home or institute.

(_e_) Advice as to the choice of a profession, in newspapers,

pamphlets, and books.

(_f_) The conduct of a campaign against harmful books and pictures.

This campaign has of late years aroused interest and obtained

support in wide circles. Of especial importance is the campaign

against filthy and obscene literature, for such literature has of

late years gained an extraordinarily wide diffusion, and effects the

deliberate corruption of children. It stimulates their imagination

unnaturally and leads it into false paths; it destroys their sense

of truth and reality. The children’s taste is perverted; they no

longer find pleasure in good literature, become inattentive in class,

and out of school hours rough and brutal. In so far as children

buy obscene books and pictures they waste their money. The most

important measures in the conduct of this campaign are: 1. Criminal

prosecutions; 2. The diffusion of really good books for young people;

3. The enlightenment of children and their parents concerning the

worthless and injurious character of the bad literature; 4. The

reasonable regulation of the pupils’ activity out of schools hours,

whereby the youthful impulse to adventure may be directed in the

right channels.

(_g_) The most important of all means of caring for young persons

after they leave school, and one which supports and reinforces all

the others we have enumerated, is the continuation school. 1. Owing

to the defective character of public elementary education, it is

necessary that it should be supplemented by continuing the child’s

education when it has passed the age of obligatory school attendance.

2. Before the child enters a free life, what it has learned at

school, much of which will already have been forgotten, requires

to be retaught; and this is all the more necessary in view of the

fact that at the elementary school, where the child was still very

young and lacked the faculty of full comprehension of many ideas,

it could not receive true instruction and enlightenment. 3. The

period of the passage from the family life and from the elementary

school into a life of freedom must not come too early, and requires

to be a period of transition, or the child is very apt to fall

into poverty or crime. 4. Since apprenticeship is tending to pass

away, it is necessary that children should be taught the elements

of a handicraft at school. Wage-earning women have, as a rule, had

neither apprenticeship nor technical training, so that they become

unskilled workers, and receive even smaller wages than unskilled

male labourers. 5. The training of working-class girls in domestic

economy is extremely defective. Since these girls have to work for

wages while still very young, they have neither time nor desire,

nor even opportunity, to study cooking and housekeeping; in a

working-class family possibilities for the study of domestic economy

are of necessity extremely limited, because so much of what is bought

is already prepared, and what is done at home is of an extremely

simple character. The working-class mother, engaged throughout the

day in arduous wage-labour, has neither time nor capacity for the

instruction of her daughter, so that the girl becomes habituated to

idleness. A special training both for wage-labour and for domestic

economy is requisite for girls, and especially for those of the

proletariat.

All these arguments combine to reinforce the need for the institution

of continuation schools. It is not the aim of these schools to

prepare their pupils for work in special branches of industry, but

their spirit is a much more practical one than that of the elementary

schools. Almost without exception, they are purely secular, and

give no religious instruction. They must lay great emphasis upon

the need that the children should be habituated to care regularly

for their bodies and their health. In addition to the general

continuation schools, there exist industrial continuation schools

or schools of apprenticeship. The former are mostly in the hands of

the education authorities, whilst the latter are controlled by the

boards supervising commerce and industry (_Gewerbebehörden_). In

agricultural districts, schools of this latter order take the form of

schools of agriculture.

The advocates of the emancipation of women demand the institution

of continuation schools for girls in especial. Such schools must

naturally give the first place to the teaching of domestic economy;

but many consider that they should also give instruction in the

main principles of education, and especially regarding the care of

infants. (Special schools of domestic economy and of cooking already,

of course, exist.) Many demand that these subjects should receive

special attention in the public elementary schools; but it should

suffice here if in the teaching of other subjects the bearing of

these upon domestic economy and the conduct of life is explained,

in so far as this comports with the main object of the course of

instruction. Objections have been raised by many to the effect that

the girls are too young to be taught domestic economy to any good

purpose. But experience teaches the contrary. The results of teaching

domestic economy have been so satisfactory that it is proposed to

make it an essential part of the curriculum.

Continuation schools are not regarded with universal favour. In

fact, their existence offers a certain hindrance to the exploitation

of the working powers of the young, and this is disagreeable, not

only to factory owners and manual workers, but for the time being

is distasteful to many proletarian parents. These schools turn out

workers who can compete successfully with the older generation of

unskilled labourers. In spite of these objections, continuation

schools become ever more important and more widely diffused, tending

more and more to become an invariable supplement to the public

elementary school. Of late years, in many countries, attendance at

continuation schools has been made compulsory, especially attendance

at schools of apprenticeship in the case of children who fail to

attend the middle schools. To make attendance at a continuation

school obligatory is an unmistakable tendency of evolution.

_The Tendency of Evolution._--The public elementary school becomes

continually more uniform in character; it tends, that is to say,

to become the common school for all children of a certain age,

irrespective of the wealth or position of their parents, and to

lay the foundation upon which will build all middle and higher

educational institutions. Schools of this character are already to

be found in Denmark and in the United States of America. The public

elementary school need not necessarily give religious instruction.

Since the schools administered by the religious organisations are

of comparatively little value, it is necessary that the public

elementary school should be open to all children, irrespective

of their creed. A further step in development is for the public

elementary school to abandon its inappropriate efforts to give

religious instruction.

Private schools are only for the children of the well-to-do. In the

majority of _Gemeindeschulen_ a conservative and narrowly orthodox

religious spirit prevails. A proportion of the local authorities

are unwilling or unable to make the material sacrifices requisite

for the proper carrying on of the elementary schools, and for this

reason these schools vary greatly in efficiency. To prove this, it

suffices, in various countries, to compare the State schools with the

_Gemeindeschulen_, and the town schools with the village schools.

It is absolutely essential that it should be established on principle

that every child, not excepting the children of the well-to-do, must

attend a public elementary school, and that neither attendance at a

private school nor private domestic instruction can be accepted in

lieu of such attendance--if only for the reason that not until this

obligation is universally enforced will the richer classes acquire

a genuine interest in the public elementary schools. To this it is

objected that the elementary schools are already overcrowded, that

their hygienic conditions are unsatisfactory, and that the society

of the poorer children would not be good for the richer ones. But

if all this is true, the only reasonable conclusion we can draw is,

that it is time that these defects in the public elementary school

were abolished. If, for the reasons given, the elementary school

is unsuitable for the children of the well-to-do, it is no less

unsuitable for the children of the poor. For the rest, each child

is influenced by all the others. The rich child may learn much that

is beautiful and good from the poor one, the latter often learns

much that is evil and hateful from the former. The children of the

well-to-do must learn in their earliest youth to know the people,

for it is their mission to lead and they must accustom themselves to

intercourse with the people.

The national system for elementary education must be extended so as

to become as comprehensive and as actual as possible. The tendency of

evolution is towards the institution of a public elementary school

truly general, truly national, secular, and uniform in character.

Such a school is the school of the future.

_C._--DEPARTMENT OF CRIMINAL LAW

CHAPTER I

CRIMINALITY IN YOUTH

_Introductory._--The foundations of the classical criminal law have

been shattered. New ideas begin to prevail, new institutions appear

and develop. The old criminal law will soon altogether disappear. In

harmony with the general tendency of evolution, whereby our whole

legal system tends to become an affair of local administration,

criminal law tends to be transformed even more rapidly than

other branches of law into a department of local administrative

activity. We are to-day in the period of transition, in which this

transformation is being effected. The aim of medical science is

not merely to cure individual cases of disease, but to prevent the

origination, recurrence, and diffusion of disease. Criminal law has

similar aims, its highest aim of all being, not to punish, but to

prevent crime. It regards as of primary importance, not individual

liberty, but the interest of society, and it considers, not the

crime, but the criminal. The transformation that is going on is

further advanced in some portions of criminal law than it is in

others. The most advanced portion of all is the one which concerns

youthful criminals.

_The Causes of Criminality in Youth._--The three causes of criminal

offences are: (_a_) inherited predisposition; (_b_) bad educational

influences; (_c_) poverty. (The climatic and physiological causes of

criminality are of little importance, and are, essentially, social

causes.)

(_a_) According to the theory of the “born criminal,”[6] most

youthful criminals are born criminals. The view is correct to this

extent only, in so far as a certain proportion--by no means a large

one--of youthful criminals are born criminals; but many youthful

criminals, although they have come into the world physically,

mentally and morally degenerate, are not for this reason necessarily

to be regarded as born criminals. To-day more degenerate individuals

are born than formerly. It is more probable that the children of

persons suffering from syphilis, tuberculosis, and alcoholism, and

the children of prostitutes and criminals, will become criminals,

than the children of sound individuals. We find, in fact, that a

notably large proportion of all criminals are the offspring of

persons of the former classes.

(_b and c_) The children of the proletariat tend to be much rougher,

and are much more inclined to become criminals than the children of

the well-to-do. Among young proletarians, we find more criminals than

among adults. The towns are the true breeding-grounds of youthful

criminals. To-day vagrant children in the streets are as constant

a feature of town life as the street-lamps. The conditions of

proletarian life make the proper upbringing of children impossible at

the best of times. All the more is it impossible when the conditions

are bad, as when crime, prostitution, and alcoholism prevail in the

family circle. The principal cause of youthful criminality is to be

found in the very character of proletarian family life, which makes

education impossible, and often forces the child into a career of

crime. It is well known that a considerable proportion of proletarian

children receive no schooling at all--that is, they grow up unable

to read and write, and a large number of criminals and prostitutes

are made up of such illiterates. A notable proportion of youthful

criminals are recruited from the class of wage-earning children,

and these latter are almost all proletarians, and most of them

have been forced to adopt wage-labour in very early youth. A foul

dwelling-place contaminates the mind as well as the body; an enormous

preponderance of proletarian children live in such contaminating

surroundings. A principal cause of youthful criminality is to be

found in the direct influence of poverty, _i.e._ poverty operating

otherwise than through the education and environment. However well

educated a child may have been, it must steal when starving and

freezing. Poverty forces children to adopt a course of action which

may enable them to satisfy their immediate and most pressing needs.

About half of the girls who go wrong become prostitutes; about half

of the boys in similar case become thieves.

The study of the child-psyche throws light upon the age at which

children are especially liable to commit punishable offences, and

upon the character of these. The character of the punishable offences

committed by children is a natural consequence of the child-nature,

whose especial characteristics are impulsiveness and acquisitiveness.

It is chiefly on this account that among the punishable offences

committed by children, theft is the most frequent, and next to

this comes bodily injury. Punishable offences requiring strength,

adroitness, or deliberation can hardly be undertaken by children.

Sexual offences are committed by those children only in whom the

sexual life is already awakening. Grievous bodily harm is effected

only by those whose bodily strength is fully developed. Complicated

criminal offences can be undertaken by children only when they

possess special experience and training. Younger children commit

fewer punishable offences than older ones, and different offences,

their capacity being less, and their opportunities more limited. The

suggestive influence of the adult criminal is very great; he exploits

the youthful criminal, and by threats and chastisement forces him

into criminal courses. During the nineteenth century, the number of

criminals, of recidivists, of punishable offences, and the gravity of

these latter, has increased to a greater extent than the population.

The number of offences against public order, and of crimes against

the person, has indeed diminished, but the number of crimes against

property, and of offences against morality, has disproportionately

increased. The number of the most serious crimes is smaller, but the

number of relapses into crime has greatly increased.

During the nineteenth century, the number of juvenile criminals has

also increased. The glitter of the industrial development of the

nineteenth century has to be paid for in large part by the gigantic

increase in juvenile criminality. In all the civilised countries

of Europe, with the exception of England, there has been an

extraordinary increase in the number of youthful criminals, and in

the number of punishable offences committed by them, this increase

being greater than the increase in the number of criminals and of

criminal offences in general. In the case of juvenile criminals,

there has also been an increase in the number of habitual offenders,

as well as in the gravity of the punishable offences. Perhaps the

most important difference between the older criminality and the

newer, is that to-day the juvenile criminal and the habitual offender

are more in evidence. Unquestionably these two phenomena are closely

associated, for the great majority of professional criminals are

persons whose first criminal offence was committed during childhood

or youth. At the present day, in all the civilised countries of

Europe, about 25 per cent. of all punishable offences are committed

by young persons.

The following are some of the causes of the increase in juvenile

criminality. The character of many of the offences customary in

former days--for instance, robbery in the streets and highways by

footpads and highwaymen--was such as to render it impossible for

children to undertake them. Great towns, in whose streets and suburbs

children could wander about, and in which it is comparatively easy

for them to commit punishable offences, did not exist. Moreover,

children begin to work for a living at an earlier age than in

former times. The application of draconian laws, under which even

little children suffered corporal and capital punishment, exercised

a deterrent influence. Since the end of the eighteenth century

punishments have become much milder. A large proportion of criminal

offences are to-day more lucrative, easier to carry out, and less

risky than in former times. Youthful criminality is probably far

more extensive than the official records show, for these latter take

no account of petty offences. Many punishable offences never become

known outside the limits of the family. In view of the offenders’

youth, reports are often suppressed.

_The Classical Criminal Law._--It is characteristic of the classical

criminal law that criminal offences committed by children were either

left unpunished, or, if punished, were punished less severely

than the offences of adults. In the classical criminal law several

age-classes were distinguished among juvenile criminals. (_a_)

Children too young to understand that an offence is punishable, and

for this reason liable neither to prosecution nor to punishment.

In existing legislative systems, the age at which criminal

responsibility is supposed to begin varies greatly; it may be as

low as seven, and as high as fifteen years. (_b_) The second class

consists of those children of an age at which criminal responsibility

is supposed to have begun. If such a child commits a punishable

offence, it is examined as to whether it possesses the necessary

understanding of the punishable nature of the offence. If it is

considered not to possess this understanding, no punishment is

inflicted. The punishment is, in any case, less severe than that

which would be inflicted upon an adult. To this class belong children

at ages from seven to eighteen years. (_c_) The third age-class

consists of offenders over eighteen years of age, who are regarded as

necessarily possessed of an understanding of the punishable character

of their offence, but in whom also the punishment is less severe than

it would be if they were of full age.

_Gradual Transformation of the Classical Criminal Law._--In the

nineteenth century the provisions of the classical criminal law no

longer meet the case of juvenile criminality. Their inefficiency is

demonstrated by the enormous proportion of recidivists among juvenile

offenders. The number of recidivists continually increases, and

criminality tends more and more to be the work of habitual offenders.

Indeed, the criminal, in most cases, continues to repeat the very

offence for which he was first punished. This is especially true of

offences against property. The oftener anyone has been punished, the

greater is the probability that he will commit another offence, and

the sooner is this likely to take place. In reality the frequency of

recidivism is even greater than appears from the official statistics.

These relate to those persons only who are regarded as recidivists by

the existing laws. They take no account of how many individuals leave

the country after their first conviction for a criminal offence.

An examination of these facts, and the study of the child-mind,

have led to the conclusion that criminality in youth is the main

source of the general stream of criminality, and that we cannot

depend upon our present methods of dealing with crime and criminals

to dry up this source. Hence even the dogmatists are coming more

and more to admit the failures of the classical criminal law, and

to recommend that mere punitive methods should give place to the

educative treatment of criminal offenders, punishment being used,

if at all, only as an educative influence. Even in those countries

which lag behind the rest in development, this conception begins

to influence legislation. This conviction that youthful offenders

require not punishment, but education, was acquired by mankind many

decades before it was generally realised that it is equally true of

adult criminals--that they should not be punished, but improved,

or, if unimprovable, rendered harmless. It is understood that those

punishments only can be justified which exercise a lasting educative

influence, by removing the child from its former environment into

a better and healthier one. It is recognised that the difference

between punishment and education is not absolute, but relative

merely, inasmuch as education cannot dispense entirely with punitive

methods, and punishment, properly utilised, exercises an educative

influence. It is also now understood that by the proper legal

treatment of youthful criminal offenders, many thousands of children

can be saved every year from the permanent adoption of a career of

crime, and their working powers thus preserved for the community.

This was seen first of all, where it more especially applies, in

the case of manufacturing towns. For the reformation of criminal

and neglected youth by educational methods, the first steps were

taken, and taken most effectively, by the country in which the modern

manufacturing system first made its appearance--England, to wit. At

the present day it is the great manufacturing countries, England,

Belgium, France, and the United States of America, in which most is

done in this regard.

_Special Legislation Dealing with Youthful Criminals._--It is to that

portion of the newer criminal law which concerns youthful criminals

that the dogmatists object most strongly. They complain that it

endangers very seriously personal liberty and parental authority.

There are many who argue to-day against coercive reformatory

education, on the ground that personal freedom and parental authority

should be inviolable. We even find some who attack modern ideas

from the standpoint of various legal theories. Such persons tell us

that coercive reformatory education interferes more than punishment

with the child’s individual liberty, and that it absolutely ignores

parental authority. The criminal authorities have absolutely no

right, in their view, to supervise a child’s education, but merely

to punish it or to set it at liberty. But this portion of modern

criminal jurisprudence does not aim merely at the suppression of

juvenile criminality. It is likewise an experimental laboratory, as

it were, for the testing of new institutions, the success or failure

of which is eagerly awaited by criminal jurists. If any institution

thus tested proves successful, its application is immediately

extended to other portions of the criminal law. In the United States

of America, for example, the method which has been found successful

in the case of juvenile offenders is now being applied in the case

also of young adult criminals.

_Proposals Bearing on the Question of Criminal Responsibility at

Different Ages._--(_a_) A radical proposal for reform is that the

distinction between juvenile and adult criminals should be abolished,

and that, instead, criminals should be classified simply as educable

or non-educable. This proposal is impracticable. In consequence

of the application of the principles of individualisation and

classification, the distinctions between the various age-classes of

criminals become, indeed, of less and less importance. There may even

be a little truth in the assertion that in a large country, owing

to racial and climatic differences, no uniform classification of

offenders according to ages can be adopted. And yet the definition

of age-limits in the case of criminal offenders is indispensable. In

a few cases such distinction may render the appropriate treatment of

offenders more difficult, but in the great majority of instances they

facilitate the work of judges and magistrates, and afford a means of

individualisation.

(_b_) Liability to punishment is almost universally regarded as

beginning, at the earliest, at the age of fourteen. This is the

period of the commencement of the puberal development, of the

cessation of school attendance, when the child passes from the life

of the family and the school to a life in the open, and becomes

competent to work for a living.

(_c_) Many writers demand that the period of nonage, as far as

criminal responsibility is concerned, should be extended. They do

so on these grounds. The physical development of the individual is

not completed till the age of twenty-three or thereabouts. It is

inconsistent that one who is still a minor from the point of view

of civil law should be regarded as of full age from the point of

view of criminal law. Civil law is an affair merely for the owning

and well-to-do classes; criminal law arises mainly in consequence

of poverty. Hence we may say that in general civil law is created

for the former class, and criminal law for the latter. There is

certainly at any rate an appearance of class-justice in the assertion

that those belonging to the poorer classes at eighteen are mature

enough to be sent to jail, whilst those belonging to the well-to-do

classes are incompetent to make a binding legal engagement to pay

half-a-sovereign until they are twenty-one or twenty-four years

of age. But the proposal is impracticable. Its adoption would

undoubtedly involve grave dangers to public order, since the

age-class of persons from eighteen to twenty-one is characterised

by a high and a serious criminality-rate. The result of educative

measures in the case of young criminals of such an age is not a very

great one, for the formation of the character is by this time far

advanced. To extend the age for a coercive reformatory education

to include the last years of civil minority would be devoid of any

justification upon accepted legal principles. There is no reason why

the period of criminal nonage should coincide with the civil. In

the first place, a much higher degree of intellectual capacity is

requisite to the understanding of a transaction in civil law than to

the understanding of the punishable character of an offence. In the

second place, a punishable offence is also an offence against public

order, but matters of civil law usually concern individuals only. In

the third place, as regards the capacity also for infringements of

the civil law, narrower limits are imposed than in the case of the

capacity to enter into a bargain.

_The Defects of our Present Penal Methods._--The punishments imposed

by our present penal system are quite unmeaning. Not only do they

exercise no educative influence, but they even hinder education.

In the case of children they are not deterrent, first, because

children act on impulse, and, secondly, because they have no accurate

conception of the nature of these punishments. To many children

imprisonment seems the same sort of thing as being “kept in” at

school, and they quite fail to recognise its seriousness. Punishment

by fine is supposed to make the offender suffer in proportion to the

suffering he has inflicted by his offence. But how can the judge

or magistrate, above all where children are concerned, accurately

estimate the fine necessary to achieve this result? The difficulties

of rightly apportioning the punishment are equally formidable in the

matter of imprisonment as in the matter of fine.

(_a_) In the punishment of juvenile offenders, in modern times, the

fine is really altogether inapplicable. Ninety per cent. of juvenile

offenders are altogether without means. What does a fine matter to

one for whom it is paid by another? Young people, as a rule, do not

yet understand the value of money. If the offender is a person of

property, then he has no occasion to dread a fine; or even if the

fine were proportionate to his means, the juvenile offender would not

understand its significance until after he had attained his majority.

But we cannot depend upon the efficacy of a punishment which does not

become effective as punishment until after the lapse of years. If the

juvenile offender has to pay the fine out of his wages, he loses all

desire for work. The majority of youthful offenders belong to the

poorer classes, and are not in a position to pay the fine themselves.

The parents will give their child a lecture if they have to pay the

fine, but this will by no means attain the object of the punishment.

Moreover, if the relatives pay the fine, they are unjustly punished,

and may revenge themselves on the child.

(_b_) Punishment by imprisonment costs the State millions of money

every year, and yet does no good. It is not possible, everywhere

and always, to separate the young prisoners from the adults,

although it is absolutely essential that this should be done. A

society, such as that of the prison, in which the worst are the most

respected, and in which the innocent are despised and corrupted,

is not suitable for young persons. If the juvenile offender is

kept in isolation, his mental health will suffer; moreover, his

loneliness impels him to seek the society of the other prisoners,

and the greatest possible care will not succeed in preventing such

association. It is maintained by some that imprisonment exercises a

deterrent influence upon children, and that a coercive reformatory

education does not. But the reverse of this is true. Not even the

longest term of imprisonment which can be inflicted for juvenile

crime will be found to exercise a deterrent influence; and it is

the custom of the courts, in the case of juvenile offenders, to

inflict, not the maximum, but the minimum sentence permissible

by the law. The child is not afraid of the prison, because it is

better treated there than outside; in prison it receives shelter,

food, clothing, and warmth without having to pay anything, without

having to work hard, and without being ill-treated. But the child

is afraid of a coercive reformatory education: in prison the child

is apathetic, its life being meaningless and without aim; but the

working discipline associated with a coercive reformatory education

is regarded by the child as a much more serious matter, being new

and strange, needing continuous attention, constant diligence, and

hard work. For many proletarian parents, to commit their child to

prison is an alleviation; the parents then have one trouble the less,

and the family income goes a little farther. Imprisonment brands a

child. When it has served its time, employment is often extremely

hard to obtain, for most employers very naturally dread that such a

child will commit another criminal offence while in their employ.

The child, finding it impossible to earn an honest living, is forced

into the paths of habitual crime. Young people, much more readily

than adults, accustom themselves to new conditions of life. In view

of this fact, there is great danger that the youthful offender will

become altogether indifferent to imprisonment; that the punishment

will induce a condition of immunity to its effects. A child which

has been once in prison is likely to become a recidivist, if only

for the reason that it will now have lost the dread of prison which

it had in the days before its first offence was committed. We learn

from statistics that the majority of youthful offenders are sentenced

to short terms of imprisonment. They regard these with the greatest

indifference, and are not in the least afraid of them. Such short

terms of imprisonment do not protect society; and the possibility

of their exercising any educative influence is excluded by the

fact that since the term of imprisonment is short, and the cost of

transport considerable, the child will be confined in the nearest

prison, instead of being sent to some special and suitable place of

confinement. Many children are even pleased at being sent to prison,

regarding their sentence as a desirable interlude in school work.

This difficulty is not met by postponing the term of imprisonment to

the holiday season. The child leaves prison to return to school. If

it is despised by its schoolmates, it sinks lower; if it is regarded

as a hero, the effect is no less corrupting.

Imprisonment for a child must take no other form than that of

education under strict discipline. If a short term of imprisonment

is ordered, solitary confinement is essential. If a child must be

sent to prison, the use of the common prison is inadmissible, and

a children’s wing in a general prison is hardly better; a special

prison for children is essential, if only for the reason that, unless

we have a comparatively large number of young persons assembled

together, it is more difficult to arrange for the proper distribution

of occupations (manual work of various kinds).

From these considerations we may draw the following conclusions:

Society stands quietly by, waiting until juvenile criminals grow

up and begin to commit serious offences. Our prisons are the true

high schools of criminality. The present prison system is the most

effective factor in the production of crime; to such an extent is

this true, that if we discharge a juvenile offender with a caution,

there is less likelihood that he will commit another criminal offence

than if we had sent him to prison. The accuracy of these views is

now more and more widely recognised; and in the case of juvenile

offenders, imprisonment, formerly the rule, is now quite exceptional.

_The Question of the Capacity for Understanding the Punishable

Character of Criminal Offences._--The notion of the capacity for

understanding the punishable character of criminal offences is

unworkable in practice. It considers the intellectual element only,

whereas in children we have to distinguish between intellectual

maturity and moral. Intellectual maturity is commonly attained

earlier than moral, and intellectual maturity alone should not render

the child liable to punishment. Often a child is mature enough to

distinguish what is allowed from what is forbidden, but is not yet

strong enough to refrain from the latter course. The most striking

example of this is to be found in the case of young proletarians, in

whom, in consequence of their premature contact with the manifold

factors of life, the mental development is often premature to an

astonishing degree, but this intellectual precocity stands contrasted

with conspicuous moral immaturity. It is hard to determine what

factors have to be taken into consideration in deciding whether a

child has attained intellectual and moral maturity. It is essential

to examine--(_a_) whether the child has an accurate conception of

the nature of punishment; (_b_) whether it understands what legal

principle is infringed or threatened by its act; (_c_) whether it

possesses such a degree of moral maturity that, through possession of

the conception alluded to in section (_a_), and of the understanding

alluded to in section (_b_), it was competent to refrain from the

criminal offence.

In the case of almost all punishable offences another solution of

this problem is possible. The more serious the punishable offence,

the earlier the age at which a child is competent to understand its

character. But, in many cases, it is an obvious inference that a

child which from absurd motives has committed so serious an offence

cannot possibly possess the requisite moral maturity. Moreover, the

three factors we have mentioned cannot be accurately defined. In

maturity there are many degrees and stages, passing imperceptibly

one into another, and exceedingly difficult to differentiate. The

decision of this question will therefore be the work of experts,

who will have to keep the child under observation for months. It

follows that a decision as to criminal responsibility based upon

an understanding of the punishable nature of an offence is, of

necessity, and in every case, uncertain and unequal.

To-day, in legal proceedings where juvenile offenders are concerned,

remarkable incidents occur. For example, the judge or magistrate

asks the child to repeat the ten commandments and the catechism.

If the child can do this, it is supposed to possess the requisite

understanding. It is left quite out of consideration that the child

has probably learned the commandments by rote, without understanding

them in the least. Or, again, the judge makes the child describe

the act it has committed, and then asks, “Do you know that such

acts are punishable?” But in the proceedings in court the child has

been made well aware of the fact that it has committed a punishable

offence, and yet it may not have known this at the time the offence

was committed. In the case of the offences with which the enormous

majority of juvenile offenders are charged, namely, theft, fraud,

and bodily injury, a knowledge of the punishable character of

these offences is apt habitually to be assumed by the courts. This

assumption is justified, but it suffices to show the impracticability

of the conception.

_The School._--The proposal has been made that when petty offences

are committed by children of school age, the school should deal

with the matter; and that only when a more serious offence has been

committed should the case go before the law-courts. In proportion to

the seriousness of the case, the punishment should be apportioned

by the class-master, by the head-master and class-master together,

or by the united teaching faculty. The suggested punishments are--a

reprimand, task-work, sitting on the punishment form, being kept in

after school hours, corporal punishment, &c. Investigation by other

authorities is not to be regarded as superfluous, but in minor cases

it will suffice to leave the whole matter in the hands of the school

authorities. The following reasons are given for this proposal. In

the case of petty offences, the tedious and laborious intervention

of the criminal authority is quite uncalled for. It may even be said

that we misuse and make light of the criminal authority, when we

invoke the aid of this gigantic apparatus, and as a result of this

the child is discharged with a hardly perceptible punishment. If the

State undertakes to deal with all petty offences, it is left no time

for the proper consideration of the graver and more important ones.

The aim in view can be attained by less expensive and less elaborate

means.

These considerations notwithstanding, this proposal can be approved

only to this extent, that in the case of juvenile offences which

do not render necessary a coercive reformatory education, it will

suffice that the child should be punished by its parents or by the

school authorities.

_The Reprimand._--Some contend that it is in many cases sufficient

for the court to administer a suitable reprimand. But, owing to the

peculiarities of the child-psyche, the influence of the reprimand is

extremely fugitive. A child so readily forgets. It has not as yet any

accurate conception of honour, and completely fails to understand

that it is dishonoured by the reprimand. As in the case of any other

punishment, the reprimand can as a rule only be administered after

the offence has been proved, and the offender sentenced; hence, there

is so long an interval between the act and its punishment, that the

reprimand becomes quite ineffective, and is in fact no more than an

empty formality. Moreover, there are objections on principle against

utilising the reprimand as a method of punishment, so that its use is

possible only in exceptional cases.

_Flogging._--Many persons consider that in the case of certain

offences, especially such as betray the existence of a rough

disposition, a flogging is the best punishment. But the fact

that England, which holds the leadership in the movement for

child-protection, continues to employ flogging as a punishment, and

the fact that Denmark introduced flogging as a punishment only a few

years ago (since then, however, abolished), prove nothing. For the

reasons given in an earlier chapter, flogging must be regarded as

an excessively noxious method of punishment, and must not even be

employed as a disciplinary measure in reformatory schools and prisons.

_The Conditional Sentence._--The nature of the conditional sentence

is that, conviction having been effected, the sentence is passed, but

does not take effect, unless the offender commits another punishable

offence; should he fail to do this, he is, by many legal codes,

still classed as a non-punished person. The conditional sentence is

distinguished from a conditional pardon by the fact that in the case

of the latter the punishment is disallowed, not by the court, but in

virtue of the right of pardon vested in the higher authority of the

government. The conditional sentence is of dubious value in the case

of juvenile offenders, because young persons very readily forget; and

in the event of their committing a second offence, they now incur

a double punishment. Considerations of jurisprudence compel us to

regard the conditional pardon also as a measure of dubious value.

In the United States of America probation is employed. This is a

postponement of the sentence--that is to say, not a conditional

sentence, nor a conditional release from punishment, nor even a

postponement of punishment. In this way it is hoped that condemnation

and punishment of the child will be altogether avoided. The court,

at its free discretion, can commit the child to a reformatory

without having first passed sentence. If the child does not mend

its ways, it is brought up for judgment, and sentence is passed.

The system is an unmistakable improvement upon the unconditional

sentence. But the conditional sentence can be imposed upon such terms

that it is associated with a protective supervision, and that the

conditionally-remitted punishment will be reimposed, not only in the

event of the commission of a fresh criminal offence, but also in the

event of general misconduct.

The European system of conditional remission of punishment consists

in a conditional release of the prisoner after he has served a

portion of his sentence. If he makes a good use of his freedom,

the remainder of his punishment is entirely remitted, but if he

misconducts himself he must return to prison and serve out his term.

Release on parole in the United States of America is distinguished

from this system by the fact that in the former case, after its

release, the child remains subject to educative supervision; and

it is distinguished from probation by the fact that in the case

of probation a portion of the punishment, or of the reformatory

education, as the case may be, has already been undergone.

Probation and release on parole are preferable to the European

system; for from this last, since it is not associated with any

serious attempt at educative supervision, no particular good can be

expected. It is eminently desirable that the criminal legislation

of every civilised State should adopt these systems of probation

and parole, with whatever modifications may be found necessary in

individual countries; and the tendency of evolution is unmistakably

in this direction. In the majority of the States of the American

Union, the probationary system is in force, and in many of these

States it is applicable even in the case of adults. In most of those

States in which it is in force, it is associated with the system of

Children’s Courts; but in a few these Courts are as yet unknown.

_The Indeterminate Sentence._--In Europe, in view of the sacred

character of individual liberty, it is the general opinion that

the law courts should have no power to sentence an offender to

imprisonment for anything but a definitely fixed term. But this

system is in direct contradiction with the object of the punishment.

The criminal is to be regarded as an abnormal, diseased individual,

whose punishment must last until he is cured. He must for the most

part be treated as we treat one suffering from mental disorder, who

is committed to an asylum for an indeterminate period. The work

undertaken by the State in respect of the majority of criminals is

to effect their physical and moral cure. It is therefore absurd on

the face of the matter to specify beforehand a precise period within

which the cure must be completed. It is quite impossible for the

judge, when passing sentence, to determine how long it will take

to attain the desired end. When and if that end is attained can be

determined only by those to whom is entrusted the administration

of the punishment--persons continuously, and for a long period,

associated with the prisoner. The duration of the punishment must

depend, not upon the offender’s conduct at the time the offence

was committed, but upon his conduct after he has been sentenced.

When an offender is serving out a fixed sentence, the only thing

that interests him is how much of the period he has got through,

and how much still remains before him. But when the sentence is

indeterminate, it will be his whole-hearted endeavour to conduct

himself in such a way, to effect such an improvement, as to obtain

his release.

At the present day, there is no country in which sentences are

altogether indeterminate. Even in the United States of America, where

the indeterminate sentence prevails, a maximum term is specified

for the prisoner’s detention. The greater this maximum, the more

powerful will be the effect of the indeterminate sentence. The

younger the prisoner, the more powerful also will be the effect of

the indeterminate sentence, for the younger the prisoner, the more

has he to expect from life. In America the experience of the working

of the indeterminate sentence has been so satisfactory, that there

is a general desire that the specified maximum sentence should be

completely abolished. But as yet the efforts in this direction have

been unsuccessful.

In the case of juvenile offenders, the arguments in favour of the

indeterminate sentence are even more powerful than in the case of

adults. The aim of imprisonment is to exercise an educative influence

upon the child, and it is impossible to determine beforehand how long

a time will be required to complete the necessary education. The

indispensable foundation of every sound penal system for juvenile

criminals is the institution of the indeterminate sentence. We find,

in fact, that in the United States of America the reformatory system

is inseparably associated with the indeterminate sentence; and in

many European countries, when a child is sent to a reformatory, no

definite term is specified beforehand.

_Should Punishment be Rendered more Severe._--The classical legal

system is defective. But to many it appears that its present failures

depend upon the excessive mitigation of punishment; such persons

contend that we can expect a diminution of crime only if we render

punishments more severe. Many even demand the reintroduction of

corporal punishment. More severe sentences are indispensable in

the case of the habitual criminal; but in the case of occasional

criminals and juvenile criminals, no good results are to be expected

from any such measure.

_The Coercive Reformatory Education of Youthful Criminals._--The

coercive reformatory education of youthful criminals has in

essentials the same character as the compulsory education enforced

by the ordinary processes of the civil law. Its central idea is the

following. The child which for one reason or another stands in need

of a coercive reformatory education, whether that need is manifested

by the commission of some punishable offence or in any other way,

and whether the need arises in consequence of neglect on the part of

the child’s parents or in consequence of that of some other person

or persons, must receive the education it needs. The child that

requires a coercive reformatory education because it has committed

a punishable offence does not differ in any important respects from

a child which has not committed any such offence, but is in a state

of neglect. The latter child also should be subjected to a coercive

reformatory education; on no account should we wait until it has

committed a punishable offence, and has in this way manifested its

neglected state in a manner that cannot be overlooked. Besides,

neglected children and juvenile criminals belong to the same class of

society, and in the case of both the need for a coercive reformatory

education arises out of like conditions. Thus, the question of

the coercive reformatory education of juvenile criminals is not

one appertaining merely to the province of criminal law, but, in

conjunction with the question of the coercive reformatory education

of neglected children, it is also a matter of civil law and local

administrative activity. The care of youthful criminals is, in the

first place, a matter for the local authorities that are responsible

for the care of neglected children--that is to say, for the Boards

of Guardianship [see note to page 74], and for the Poor Law Boards.

The education of juvenile criminals differs but little from the

education of the children cared for by the Poor Law authorities;

and thus the question arises whether the care of juvenile criminals

necessitates the existence of _ad hoc_ boards to administer this

special department of the criminal law.

Since the middle of the seventeenth century, it has been the

tendency to send troublesome juveniles to institutions; and at

the outset they were sent to poorhouses and workhouses to mingle

with adult vagabonds and prostitutes. Not until towards the end of

the eighteenth century did people begin to recognise that it was

essential to separate heterogeneous elements. But even at the present

day, in many countries, reformatories are so far from being worthy of

their name that, like prisons, they are schools of corruption. Many

reformatories have still the aspect and the organisation of barracks.

In such places the children are subjected to a rigid discipline. They

are managed very strictly, and yet the children are in some respects

better off than free workers of the same age; they are compelled to

be diligent, clean, and healthy. But their life is not truly living.

The children receive instruction, but no real education. They work,

but acquire no love for work. When they are discharged from the

reformatory they are even less inclined to work than they were when

they entered the institution; they are further corrupted, they renew

outside the unwholesome friendships they have contracted within the

walls, and commonly carry out, after they leave, the crimes they have

learned and planned during their stay at the “reformatory.”

In real advances in reformatory methods, England and the United

States of America have led the way. But in the case of the former

country, true progress in this respect dates only from the latter

half of the nineteenth century; and in the case of the latter

country, only from the year 1870. In other countries, even to-day,

sound ideas have found in this matter but little application. This

slow progress probably depends upon the difficulty of getting rid of

the influence of the older legal theories, and upon the difficulty of

assimilating the idea that a reformatory must be something totally

different from a prison.

_Institutional Education_ versus _Family Education_.--Which is

preferable, institutional education or family education? There is

much to be said on both sides of this question. Unquestionably,

in the case of juvenile criminals and neglected children the

advantages of family care are less conspicuous than they are in the

case of abandoned children. The accumulation, under one roof, of

children of the former categories involves the close approximation

of numerous injurious germs, which would less readily develop if

they were dispersed. Moreover, for such children it is even harder

to find suitable foster-parents than it is for those who are simply

abandoned. Few are willing to undertake the difficult task of

bringing up such children, and fewer foster-parents still are in a

position to give them a suitable upbringing. The strict handling they

require is much easier to enforce in an institution or a colony than

in an ordinary family. There is often good reason to be afraid that

the juvenile criminal or neglected child, if boarded with a family,

will corrupt the younger members of that family.

The problem must therefore be solved on the following lines: In

every case there should be a thorough medical examination of the

child, and a careful study of its educational acquirements and

capacities, and upon the results of this examination should be

based the decision whether this particular child can best be dealt

with in an institution or in a family. In making our decision we

should never lose sight of the principle that, except in the case

of the really bad children, the advantages of a family education

should as far as possible be given. Only in the case of children

with obstinate and unconquerable criminal tendencies is continuous

institutional care essential; for abnormal children, prolonged

curative educational treatment is requisite, as far as possible,

in institutions or colonies founded especially for this purpose.

The educational institution should be a place in which the pupils

undergo a thorough bodily and mental cleansing process. When this

has been effected, as soon as we have a right to assume that the

child could be received as an inmate by an ordinary family without

endangering the other children, then the sooner the child is removed

from the unnatural life of the institution to the natural life of the

family, the better will be its chances for the future. A reformatory

institution which is to attain its ends must have characteristics

resembling those of a modern foundling hospital. It must be a place

at which those children who, for one reason or another, have to leave

their foster-parents, can be received and cared for while another

suitable home is being found for them; it must be the centre of

supervision of the children placed in family care. It is true that

at a reformatory a child is deprived of personal liberty and remains

in the institution under compulsion, but the aim of the reformatory

is very different from that of the prison. The reformatory should

resemble, not a barrack, but a family--that is to say, the barrack

system (collective system) must find no place in the reformatory. The

institutional life must be as free as possible, and the child must be

treated as a member of a family.

Individual treatment and classification of the children are of great

importance. Special institutions are requisite for older children

and younger children, for those who are more and those who are less

corrupt, for those who need mild and for those who need strict

treatment. In accordance with this classification, the children must

be distributed in the various separate institutions. Unimprovable

children should not be received at all, for not only can we do them

no good, but their presence is harmful to the other children. It

is also necessary that there should be special institutions for

observation purposes, to enable us to decide which of the other

institutions is best adapted for the treatment of individual cases.

When they first enter the observational institution, children should

be isolated for a while, until they can be sent to an appropriate

section. In former times, grave mistakes were made in this matter of

individualisation. Routine treatment and equality of punishment for

all similar offences were justified with reference to the principle

of equality before the law. Even to-day, children still at times are

thrust into contact with the most dangerous elements, and even with

the refuse of human society, although this happens much less often

in reformatory institutions than in police cells, local prisons, or

workhouses. But in general, and especially in England, France, and

the United States of America, great stress is now laid upon proper

individualisation. In England, above all, do we find the attempt made

to secure that all the younger children should be sent to industrial

schools, and all the older children to reformatory institutions.

The aim of the reformatory is to improve the child. This is

equivalent to an endeavour to produce in the child an independent

spirit, and a capacity to provide for itself in a free life. This

can be done only by leaving the child a certain amount of freedom,

by cultivating its self-respect, and by doing all in our power to

put it upon its mettle. He only will be able to make his living who

possesses some definite capacity and is willing to work. For this

reason, the institution must take every care, not merely to accustom

the child to work in general, but also to render it competent in

some particular handicraft. Hence the child’s occupation in the

institution must not be either useless or depressing in character,

nor must it be of such a kind as only an adult can do properly; it

must be one suited to the powers and capacities of the child. In

the older institutions, which were badly conducted, the pupils were

engaged in useless and mind-destroying occupations. Owing to the fact

that these institutions were inadequately supplied with funds, the

work done was chosen, not because it was of any value to the inmates,

but simply because it could provide a contribution to the expenses

of maintenance. Unfortunately, even at the present day, on the

ground that it is within the rights of the State that a part of the

expenditure upon the inmates should be provided by the utilisation of

their labour-power, far too much stress is laid upon attempts to make

such institutions “self-supporting.”

The school instruction in reformatories should, in general, resemble

that which is given by the State to normal children outside. The main

points are, to provide a suitable elementary education, and to devote

a great deal of attention to the care of the body. The most difficult

class to deal with in reformatories is that of the habitual vagrants.

_Testing Reform._--How can the improvement we hope to effect in the

reformatory best be tested, and how can we best prepare for the

transition into a free life? In view of the fact that these problems

have been most completely solved in the United States of America,

it will suffice here to describe the systems in vogue in that

country. The indispensable preliminary to a successful reformatory

education is the indeterminate sentence. The child will not leave the

reformatory (presuming that the stipulated maximum term has not been

attained) to assume the full responsibilities of freedom, until it

has satisfactorily responded to the test of a probationary freedom.

When it first enters the reformatory the child is apathetic. But

before long it becomes aware of the significance of the indeterminate

sentence; it perceives that it will not obtain its discharge until it

has improved; and this induces a condition of nervous, yet salutary,

tension and disquiet. The indeterminate sentence thus exercises upon

the child a powerful influence, laying its fate to some extent in its

own hands, making hope in place of fear the most effective element of

its thought, and awakening the desire to effect improvement by means

of its own efforts.

We must not overlook the possibility that those who may secure

their discharge before they have served the maximum term of their

sentence may not necessarily be those who have truly and completely

reformed, but those who possess the greatest power of adaptation to

the conditions necessary to secure their release.

A system which in various forms constitutes an almost universal

feature in the conduct of American reformatories is known as the

“mark system,” or “merit system.” The nature of this system is that

every inmate is able, by earning a certain number of good marks,

allotted on account of general good behaviour, and of progress in

the school and the workshop respectively, to earn his release upon

probation. The numerical formalism of this system is counteracted by

an individual consideration and treatment of the pupils.

In the reformatory, we may endeavour to effect an improvement, and

may hope that we have done so; but it is impossible to be certain

that this end has been attained. While the child remains in the

institution, no one can tell if it has acquired the power of

overcoming the difficulties of the life of freedom. It is the period

immediately following the discharge from the reformatory which is the

most dangerous to the child. It is upon this period, above all, that

it depends whether the child will be successful in gaining a proper

place in society. For this reason, it is of fundamental importance

to find work for all those who are discharged from a reformatory;

indeed, they should only leave the reformatory to enter an assured

position. Every care must be taken, in seeking employment for those

about to be discharged, that we are not increasing the general

difficulty in obtaining work by overstocking the labour market. In

the reformatories of the United States, the difficulties of the

transition period are met by releasing the inmates on probation only,

for a time during which they are not only supported, but carefully

supervised. In the criminal law of European countries, the period

of punishment is at an end when the specified term of sentence has

expired. No such determinate sentence exists in the case of American

reformatories, for the maximum term of sentence usually extends

far beyond the end of the period of probationary release. What is

requisite is, that the definitive discharge from supervision and

control should only take place when the conduct during the term of

probationary release has been satisfactory, and when the duties

imposed have been faithfully performed. The child released on

probation must behave well, work diligently, and punctually and at

regular intervals report itself at the reformatory. Until the end of

the probationary period, it remains under the supervision and care of

the institution; the conditional release may at any time be revoked;

and the final discharge is not effected until the child has given

satisfactory proof of its fitness for a free life. The child released

on probation generally behaves very well, for it fully understands

that any misconduct would entail serious consequences, that it would

lose in a moment all that it has hitherto gained, that it would have

to return to the institution, and begin once more at the beginning

the struggle to secure its freedom.

Some of the reformatory schools of America are governed as child

republics, known as “Junior Republics.” In these the children

exercise self-government after the example of the Great Republic

itself, and the executive of the institution merely exercises a kind

of supervision. The greatest possible weight is thus given to the

educative influence of personal responsibility. Above all, the trial

and punishment of offences against the discipline of the reformatory,

by courts constituted by the inmates, works exceedingly well, because

the comrades know one another better than anyone else can. The

reformatory system of the United States of America meets with very

general approval. In Europe, indeed, it is said that the system is

too expensive, and that the inmates are treated too well. The view

we shall take upon this matter will depend upon our general opinion

as to how a reformatory should be organised and carried on. In the

United States of America, intercourse between man and man is free and

unrestrained, and the standard of life is higher than in Europe. Only

the improvable children are so well treated; the habitual offenders,

on the contrary, are subjected to a draconian régime. It is true

that in Europe the cost per child is less, but in view of the meagre

results obtained on this side of the Atlantic, the saving is apparent

merely.

The defects of the American system are the following. As soon as a

new political party gains a majority, and a new government therefore

comes into power, much of the official staff, including that of the

reformatories, is changed. Hence, the greater part of the staff

does not consist of persons who have devoted their life to the

improvement of children, but is composed mainly of persons without

proper professional training. But it is well known that the staff of

our European reformatories also lacks proper professional training in

respect of the hygiene and psychology of child life.

The Elements of Child-protection · 第 6 / 7 章