_The Radical Solution of the Problem._--We cannot protest with too

much energy against the idea that we can deal effectively with

juvenile criminality by means of a few new paragraphs in our criminal

codes, and of a few new societies with patronage to distribute. We

must not regard neglected childhood and juvenile criminality as

isolated phenomena, but must consider them in association with the

economic, moral, and intellectual neglect of the proletariat, from

which juvenile criminality springs. These proletarian conditions form

the starting-point for our knowledge of neglect in childhood and of

juvenile crime, and hence for our knowledge of the means we should

adopt in dealing with these. The evils have to be averted, not from

youth only, but also from the proletariat. Political care, which is

directed towards the saving, in the narrower sense, of neglected and

criminal youth, is inadequate; what is required is a general scheme

of social and political reconstruction whereby the true sources of

juvenile criminality will be dried up.

The best policy of criminal reform is the social policy which

will provide a sufficiency of the necessaries of life for every

one willing to work for them, and which will put an end to the

flagrant class contrasts of our time. Such a policy would involve

the destruction of capitalism. I repeat that this does not involve

any changes in our policy of child-protection in the narrower sense,

but simply indicates the general lines on which alone advance can

be obtained. The best means for the prevention of crime is not

punishment, but removal of the causes of crime. Juvenile criminality

will not completely disappear until its causes have been completely

removed--that is to say, it will not disappear until capitalism no

longer exists, and until there is no longer a proletariat.

CHAPTER II

PENAL METHODS

_Conditions of To-day._--In all departments of modern legal systems

the principle gains general acceptance that persons under age require

to be treated differently from adults. The actual legal regulations

respecting young people are different from those which apply to

adults. In civil law, the minor cannot appear independently either

as plaintiff or as defendant. But criminal law, on the other hand,

notwithstanding the fact that it is far more complex than civil law,

and notwithstanding the fact that the interests of minors affected

by criminal law are far more important than those affected by civil

law, places minors on the same footing, or on a similar footing, with

adults. This is extremely disadvantageous to those under age.

In the case of juvenile offenders, imprisonment while awaiting trial

involves the greatest dangers, for its effects may be as disastrous

as those of imprisonment after sentence. The trial also involves

very serious dangers. In the corridors and waiting-rooms of the

law-court, the juvenile offender is kept awaiting the hearing of his

case. He sees there many things new to him. He hears the conversation

of the witnesses and of the other accused. He receives advice as

to his bearing in the dock. A public trial is not in the least

adapted to induce in the juvenile offender a sense of shame, or to

awaken in him the consciousness that he has taken a wrong path. As

far as he understands the matter, an imposing apparatus is at work

in a fine big room; the officials of the court do their work in a

cool and businesslike manner, and with an air of importance. In the

court there are a number of persons drawn to the place by curiosity

simply, and among these are the old associates of the accused, who

watch his behaviour with an eager interest, and regard his youthful

misdemeanours with indifference, or even with admiration. He feels

himself to be the hero and the central figure of a drama, and this

makes it even more impossible for him to follow the legal proceedings

attentively, and to defend himself in a proper manner. When the trial

is over, the newspapers are full of his case. If he is set at liberty

he immediately becomes the centre of an admiring circle of his

former associates, who listen to his words with eager attention, and

encourage him to relate again and again, and with many exaggerations,

the incidents of his case.

_Proposed Reforms._--Gradually the idea gains ground that in the case

of juvenile offenders the procedure should be totally different from

what it is in the case of adults. The principal reforms that are

proposed are the following.

(_a_) In the case of juvenile criminals it is indispensable to do

away with personal freedom. The leading principle of our penal

procedure, namely, to safeguard individual liberty, is out of place

in the case of juvenile offenders.

(_b_) To-day, owing to defective understanding of the psychology

of children, the authorities regard juvenile offences as extremely

serious. It is held that every child that is brought before the

courts is of necessity corrupt. But it is not by any rigid legal

code, but rather by the principles of expediency, that we should be

guided in the case of juvenile offenders; that is to say, in the case

of petty offences, committed by young persons, the latter should

never be brought before the law courts at all. The objection that

on general legal principles an even-handed justice is absolutely

essential, is so far sound, that there is undoubtedly a danger lest

the authorities should refrain from initiating proceedings against

the children of persons of influence, whilst letting the law take

its course when the offenders’ parents are people of no importance.

But this objection can also be overcome. The principle of expediency

can, in addition, be applied in the following manner: the prosecuting

authority allows a period of probation to elapse before proceedings

are initiated, and if the youthful offender continues to behave

well, the prosecution is altogether dropped. In the case of juvenile

offenders, legal prosecution is not of much importance. The judge or

magistrate would need the powers and capabilities of an inquisitor,

for if he is to decide rightly, he must be acquainted with every

detail regarding the life and the environment of the juvenile

offender.

(_c_) In the preliminary proceedings it is necessary to study very

thoroughly the family life and social conditions in which the child

has grown up. The most satisfactory way is to seek the necessary

information from the parents or other persons in authority, or from

other adult associates of the child, as from the guardian, the

teacher, the clergyman, or from servants.

(_d_) A child awaiting trial should on no account be sent to prison.

If safe custody of the person is essential, some grown person in whom

the court has confidence must be made responsible for the care of the

child.

(_e_) The prosecuting authority should have the right to make any

proposal which may further the child’s interests, including a

proposal to send the accused to a reformatory.

(_f_) The trial should on no account be a public one. (It is

essential, when criminal proceedings are taken against a minor, that

no other minors should be admitted to court as idle spectators.) We

are concerned, not with the punishment, but with the education of a

child, and the matter is not one suitable for the fullest publicity.

But for the protection of the child’s interests, it is, of course,

necessary that the legal representatives of the accused, and the

officials of organisations for child-protection, should attend the

proceedings.

(_g_) Juveniles should never be tried by a jury. This proceeding

is too solemn and too elaborate. Moreover, it is not within the

competence of a jury to determine whether the child possesses the

understanding so frequently mentioned as to the punishable character

of the offence. The only reason for which trial by jury might be

advantageous, is that a jury is more apt than a judge to take a mild

view.

(_h_) In the first instance, even in the case of graver offences, the

matter should come before an individual judge. Whenever possible, he

should be one experienced in matters of education and psychology,

and one whose specialty it is to deal with juvenile offenders. The

majority of criminal judges do not possess to-day the experience

and training requisite to the competent handling of juvenile

offenders, inasmuch as the majority of criminals brought before

them are adults. In every law court there should be one judge whose

specialty it is to deal with juvenile offenders; in countries in

which the law court is also the Board of Guardianship (see note on

p. 74), juvenile offenders should be brought before the Children’s

Judge (_Pupilarrichter_), who knows the children better than his

professional colleagues. Criminal proceedings against children

tend more and more to assume the form simply of the choice of the

necessary educational measures. Inasmuch as a coercive reformatory

education, when not the outcome of a criminal prosecution, has, in

most cases, been prescribed by the Board of Guardianship, it would

seem as well that the power to order a coercive reformatory education

in the case also of juvenile criminal offenders should be transferred

to the law court which works under the authority of the Board of

Guardianship.

(_i_) The prosecuting authority and the law court must keep in

close touch with all the associations devoted to the work of

child-protection, and with the institutions subserving this purpose,

and must avail themselves of the counsel and support of these

associations and institutions.

(_k_) In criminal proceedings against juvenile offenders, defence

plays a different part from that which it plays in the criminal

prosecution of adults. It should not be the principal aim of

the defending counsel to secure an acquittal or a diminution of

punishment, but rather to make sure that the juvenile offender shall

receive the treatment best adapted to effect his reform.

_Penal Methods in the United States of America._--It is in the

United States of America that penal methods applicable in the case

of juvenile offenders have obtained their highest development.

Children’s Courts now exist in about thirty of the States; the first

of these Courts came into existence in the year 1899. The Children’s

Court is either a special department of an ordinary law court, or

else a Children’s Court _ad hoc_; in either case it deals with all

the punishable offences committed by children, with the exception of

very serious crime. In many of the States of the American Union the

Children’s Courts deal not only with neglected children and truants

from school, but also, and very logically, with certain offences

committed by adults; for example, the infliction of excessive

punishment upon children, the ill-treatment of children, breaches

of the laws regulating child-labour, and the like. In this we see

a clear manifestation of the tendency to make the Children’s Court

responsible for all legal matters wherein juveniles are concerned.

The Children’s Court lays the greatest possible stress upon giving

the accused an opportunity, after he has received appropriate

instruction, to effect his own amendment without the further

intervention of the Court. But should the offence be repeated, a

sentence will have to be passed, and the matter of recidivity will

have to be taken into consideration. The powers of the Court are the

widest possible. It can reprimand the child, punish it, postpone

sentence, send it to a reformatory, determining where and how the

coercive reformatory education shall be effected, can summon the

child before the Court at any time, &c. In many of the States,

individualisation and classification have been carried so far that

the Courts hold special sittings to deal with truancy from school,

the case of neglected children, criminal offences, &c.

The judge of the Children’s Court cannot expect to attain any very

valuable results in the absence of a staff of assistants possessing

the necessary training. But these assistants are not educationalists,

nor doctors, nor child-protectors. The right hand of the Children’s

Court is the “Probation Officer,” who is appointed by the Court--a

thoroughly cultivated person, generally one trained originally as a

teacher, who has received theoretical and practical training in a

“philanthropical school.” They have no connection with the police,

and yet have some of the powers of police officials. It is their duty

to make all the investigations needed by the Court; they compile a

record of the personal data of all the children who pass through

their hands; they furnish reports to the Courts; help the children

and their parents by word and deed, both during and after the legal

proceedings, in the manner prescribed by the Courts; if necessary,

they find suitable foster-parents, and keep under supervision all the

children who are placed on probation.

The introduction into Europe of this American system is, in the first

place, a problem of the organisation of the law courts, inasmuch as

the Children’s Court combines the functions of an ordinary law court

with those of a Board of Guardianship. In the second place, the

problem is one of the reform of criminal law, since the Children’s

Courts would be of no value without the power to place children on

probation. In such countries as Hungary, in which the authority

exercising guardianship is not a law court, but a specialised

administrative body, the judge who has to try a child charged with a

criminal offence is not empowered to exercise any of the functions of

a Board of Guardianship. In those countries in Europe in which it is

possible to effect the necessary changes in the organisation of the

law courts, and to secure the necessary reforms in criminal law, and

where suitable judges for the Children’s Courts are available (the

personality of these judges is, of course, a matter of fundamental

importance), the introduction of Children’s Courts is possible.

In Europe the American example is more and more appreciated and

imitated; of recent years advances in this direction have been made

in almost every civilised country, not even excepting England, whose

legal development is essentially conservative. In the application of

these ideas we find numerous differences; in Germany, for instance,

several systems are in vogue. The general introduction of the

Children’s Courts into Europe is certain to ensue, inasmuch as the

conditions which have led to their introduction in America obtain

equally in Europe.

CHAPTER III

PROSTITUTION

_The Causes of Prostitution._--As in every commercial transaction,

so also in the women-market, two factors are decisive--supply and

demand. The demand arises from the fact that to men of the upper

classes marriage has become difficult or impossible. Whereas in the

case of the lower classes of the population, concubinage offers a

substitute for marriage, so that for the men of the lower classes

prostitution may be regarded as superfluous, in the case of men of

the upper classes prostitution is practically the only available

substitute for marriage, so that these men are led to purchase

casual and temporary wives from among the women of the lower

classes. The supply depends upon poverty, which is the principal

cause of prostitution. By this it is not meant to imply that actual

destitution is usually the direct and immediate cause of the adoption

of a life of prostitution. It is rather that a number of factors,

the outcome or the accompaniments of poverty, combine to place girls

in a position very favourable to their becoming prostitutes. The

environment in which proletarian children live is an unfavourable one

in the matter of sexual relationships. It is one which prepares girls

for prostitution, and makes them very liable to adopt this mode of

life. They are forced to live in a single room with the other members

of a large family, with strangers, and even casual night-lodgers--a

room in which they all cook, eat, sleep, and practise sexual

intercourse. The girls even have to share a common bed. Thus there

is no place in their experience for the sentiment of shame. In

addition, proletarian children often form evil associations at a very

early age, and become acquainted in very early childhood and in the

dirtiest possible manner with all the circumstances of the sexual

life--with the most offensive and unclean, the most abnormal and

morbid excrescences of the disordered sexual life. Many women would

never have sunk into the slough of prostitution had their upbringing

been a different one. Often enough the pressure of poverty even leads

parents to make money out of the procurement of their own children.

The great majority of prostitutes are recruited from the class of

young maid-servants. Maid-servants pass their childhood in country

villages. Even to-day, in some countries, most of them can neither

read nor write. They are not only unintelligent, but thoroughly

simple; naturally they are easily seduced. In the country circles

from which the great majority of them come, premarital sexual

intercourse is hardly regarded as immoral, and is an almost universal

custom. The girls bring these ideas with them to the town, with

results that are necessarily disastrous. In most cases they are

completely cut off from their parental homes, and lack the firm

support given by a well-ordered family life, are sent from the

country into a strange and incomprehensible world, and live under one

roof with persons belonging to a social class by whose members they

are regarded as being of inferior birth. They pass their new lives

in a circle in which the demands are far higher than they have been

accustomed to; imitatively, they soon come to share these demands,

but can satisfy them only by the supplementary earnings of shame. By

the men of the household, most often by their employer or his sons,

they are seduced, and then left to fend for themselves. They seldom

stay long in one situation; and when out of employment, especially if

they have formed bad associations, they are exposed to the gravest

moral dangers. Their hours of work are unlimited, and for this reason

they wish to live as intensely as possible during the few and scanty

hours of liberty. Their legal position is a very unfavourable one,

and it is practically impossible for them to organise themselves in

a trade union. They form a servile class. Their personal desires are

continually repressed, and even this is but a preparation for their

subsequent profession, in which servility and repression will be

their fate.

_Prostitution and Child-Protection_.--Prostitution explains and

favours the development of numerous factors which make the work of

child-protection an ever-existing need. These factors are: (_a_)

criminal offences against persons under age; (_b_) venereal diseases;

(_c_) a fall in women’s wages, and a consequent fall in men’s wages

also; (_d_) corruption of the sexual morals of juveniles; (_e_) the

fact that prostitutes, though somewhat exceptionally, bear children.

(_a_) The definite purpose of certain criminal offences committed

against women under age is simply to supply fresh and new wares for

the market of prostitution. For it is not only or mainly women who,

in respect of physical beauty, age, or of some other circumstance,

are of comparatively little value, that become prostitutes. Among

the men who have recourse to prostitutes are some who can pay high

fees, and therefore demand an article of high quality. Among these

latter, there are, of course, some who actually prefer experienced

prostitutes. But most of them demand especially physical beauty, and

this is more likely to be possessed by younger women than by older

ones. A considerable proportion of prostitutes are under legal age;

a large majority of them have entered the career of professional

prostitution before coming of age. An adult woman is much less likely

than one under age to become a prostitute. Statistical data bearing

on this question are, however, lacking. The white-slave traffic has

to-day attained gigantic proportions; the sources of this traffic are

supplied by professional procurement, a branch of industry in which

many thousands are engaged. It is obvious that the young girls who

will attract the attention of the professional procurer or procuress

will, for the most part, belong to the proletariat.

(_b_) Prostitution is an unceasing source of the venereal diseases,

the character of these in any district being intimately associated

with the characteristics of prostitution in that district. The

principal seats of prostitution are the true foci of the venereal

diseases.

(_c_) The matter of women’s wages has already been discussed.[7]

(_d_) Prostitution leads to the corruption of children’s morals and

drags them into vicious courses. Prostitutes usually live in those

quarters of the town, in those streets, in those houses, in which the

population belongs mainly to the proletariat. It is utterly improper

that prostitutes should live in the same house with persons who have

young children. Indeed, the question arises whether prostitutes

should not be absolutely forbidden to live in any house in which

there are persons under age.

(_e_) No official statistics exist to show how many children are

born to prostitutes. According to certain private statistical

data, collected in large towns, two children are born each year

to every hundred prostitutes. Many regard it as inexplicable that

prostitutes, who have sexual intercourse so often, should so

rarely become pregnant. But it is precisely on account of over-use

that the female reproductive organs, in these cases, lose their

functional reproductive power. Where everyone walks, the grass

never grows. Moreover, there is no necessary association between

coitus and conception. In most cases, alike in the prostitute and

in the man who has intercourse with her, the idea and the desire of

procreation are non-existent. Many make excuses for prostitution on

the ground that, since prostitutes seldom have children, we have

here a counterpoise to illegitimate births. But it is statistically

proved that where prostitution is general--as, for example, in great

towns--illegitimate births are commoner than in the country, where

prostitution is practically unknown. We need not stop to consider

here whether the wider diffusion of prostitution would be more

desirable than the occurrence of a greater number of illegitimate

births. It is obviously necessary that the children of prostitutes

should be removed from the care of their mother and brought up

elsewhere.

Those who regard every prostitute as a degenerate being will reject

_a priori_ any attempt to rescue them. It is a fact of experience

that attempts to reform prostitutes are rarely very successful.

Experience shows also that the reformatory education of boys is more

effectual than the reformatory education of girls, and that such an

education gives better results in the case of girls who are merely

neglected than of those who are morally fallen. But this difference

is not due to the fact that prostitutes are congenitally degenerate,

but simply to the fact that they have become degenerate owing to

the conditions of their life. For in women a life of prostitution

develops all those qualities--laziness, love of adornment,

hypertension of the sexual impulse, &c.--which make it impossible

for people to earn their bread by regular work. As soon as the girl

is subjected to the supervision of the _police des mœurs_, she is

for ever lost. The supervision breaks down completely her power of

resistance, exposes her to contempt, and permanently excludes her

from what is called respectable society. For these reasons, girls

under age should on no account be subjected to the supervision of

the _police des mœurs_. Precisely because it is almost impossible to

induce a prostitute to adopt any other mode of life, we must, in our

campaign against prostitution, devote ourselves above all to those

prophylactic measures by which girls may be withheld from the first

steps which will lead ultimately to the marketing of their bodies.

CHAPTER IV

PUNISHABLE OFFENCES AGAINST CHILDREN

_The Two Groups._--Previously we have spoken of punishable offences

committed by children; we pass now to consider those committed

against children. These latter may be classified in two sub-groups.

To the former group belong the punishable offences in which the

primary aim is to injure or destroy a child. To the latter group

belong offences against children in which the injury to the child

is incidental. The precise line of demarcation between these two

groups differs in the legal systems of different countries. The most

important offences in the former group are: infanticide, the exposing

of children, abortion (these three crimes occur chiefly in connection

with the birth of illegitimate children), criminal offences against

the chastity of women (for example, rape, seduction, procurement).

It is only with regard to offences in this first group that

statistical data are available. In association with the development

of capitalism, there has been a great increase in their number. But,

according to official statistics, there is not one of the offences

above specified which occurs to the extent of 1 per cent. of all

criminal offences; most of those named are considerably less than 1

per cent. In the case of the other criminal offences, only private

statistical data are available.

In respect of the offences comprising the second group, the

important questions arise, whether there exist any mitigating or

aggravating circumstances, such as that the offence was committed

against a child, and not against an adult, or that it was committed,

not against a stranger, but against one for whose instruction or

upbringing the offender was responsible. Is it not desirable that

the circumstance that the criminal offence was committed against

a child should be stated in the law expressly as a reason for an

increase in the severity of the punishment, or else that the law

should give children, precisely because they are children, a higher

degree of protection against certain offences? Owing to the fact that

young people, in consequence of their physical weakness, are much

less able than adults to resist aggression, there is every reason

for the preferential legal protection of children. The protection

should, indeed, be more effective the younger the child. For example,

a child of ten can call for help, and can run away, but an infant is

utterly defenceless. Punishable offences against children need to

be severely punished, because they betray the existence of a coarse

and rough disposition in the offender. It must be regarded as an

aggravating circumstance when the offender is the person responsible

for the child’s upbringing. And yet the criminal offences of parents,

guardians, foster-parents, and teachers, against the children under

their care, are often nothing more than a misuse in all good faith

of the authority entrusted to them. Simply in the interests of

the child, severe punishment is often undesirable, because of the

rancour against the child it would tend to arouse. (These questions

are of importance only so long as the practice continues of passing

determinate sentences. The introduction of the indeterminate

sentence, which is in line with the tendency of evolution, would

render these questions unimportant.)

If any offender whose conduct against a child has proved him to

be incapable of exercising with propriety parental authority, the

powers of a guardian, the powers of a foster-parent, the duties of

a teacher, it is essential to deprive him of these powers without

delay; and this should be done, not only in the interests of the

particular child, but in the interests of all children. Anyone who

has committed a serious punishable offence against a child is, as

a rule, altogether unfitted to exercise authority of any kind over

any children. If the offender is punished, and thereafter the child

is left in his power, the child will usually become the object upon

which he will work off the rancour inspired by the punishment. It is

essential that this change in the guardianship of the child should

not be postponed until the case is decided and judgment is passed,

but that it should be effected immediately it is thought necessary

to institute proceedings. The objection that the right to remove

a child from the care of an offender properly belongs, not to the

criminal court, but to the Board of Guardianship, is invalid. The

procedures rendered necessary in consequence of the initiation of the

criminal proceedings cannot, in these cases, be distributed among

various different authorities. In most instances it is essential

to act at once. Authority over a child, in a modern State, is not

essentially different from an official position. Since our criminal

courts are empowered to decree any one’s unfitness to hold an

official position, and to deprive any citizen of his civil rights,

why should they not also be empowered to decide that certain persons

are unfitted to exercise authority over children? The courts have

the power to declare that through the loss of civil rights a man has

become unfitted for the position of an official guardian; a teacher

in a State school loses his position _ipso facto_ if convicted of a

criminal offence; why should not the criminal courts have the power

to deprive parents, foster-parents, and private teachers of their

“office,” and to declare them to be unfitted to hold it?

The great majority of punishable offences against children are

committed against children of the lower classes.

_Infanticide._--By infanticide we understand the deliberate killing

of an illegitimate child by its mother during or immediately

after birth. For the following reasons, it is necessary that this

offence should not be punished with extreme severity: (_a_) in the

act of parturition the mother’s physical and mental equilibrium

is disturbed, so that her condition must be regarded as one of

diminished responsibility; (_b_) in the act of parturition the

unmarried mother is influenced by the dread of disgrace, and by fears

as to the child’s future, in ways from which the married mother

is free; (_c_) neither the secret and indiscriminate reception of

illegitimate children into foundling hospitals, nor the most severe

punishments, suffice to prevent the commission of this crime. (In

France, for example, infanticide is punished with the greatest

possible severity, but this does not prevent the commission of the

offence. For, in the first place, since in France inquiry into

paternity is forbidden, during parturition the fears of the unmarried

mother as to the future of the child are exceptionally distressing.

In the second place, since the jury know that the offence will be

punished with draconian severity, they prefer to return a verdict of

Not Guilty.) We do not find, in every modern State, such an attitude

towards infanticide. There are certain countries in which infanticide

is even more severely punished than the murder of an adult. In

the country, infanticide is comparatively commoner than in towns,

this difference being connected with the fact that in the country

districts there are no foundling hospitals, and with the fact that in

the country criminal abortion is less frequently practised than in

the towns.

There are certain children with respect to whom medical science

indicates, beyond the possibility of a doubt, that it is impossible

for them ever to become useful members of society; indeed, in the

case of many of them, it is obvious that their existence is directly

harmful to the species--for example, cripples, high-grade cretins,

idiots, and children with gross deformities. But at the present

day such children are preserved to lead a life of martyrdom. The

greatest possible pains and the highest refinements of medical skill

are employed to keep them alive. Huge institutions are erected for

their care, and there is great rejoicing if, after years of laborious

efforts, some of these small unfortunates have been taught to speak

or write a few words. This procedure is a grave infringement of

the law of parsimony (see the first paragraph of Chapter V. in the

General Part), if only for the reason that in other departments of

social life, with the same expenditure of effort, far greater and

more valuable results could be obtained. When such children, for

one reason or another, find their way into the world, they should

be quickly and painlessly destroyed. What method should be adopted

to attain this end is a minor consideration. The most suitable plan

would appear to be that, after a thorough expert medical examination,

such children should be killed by a swift and painless narcotic.

For the present, we may leave the question open whether the consent

of the parents should first be obtained. According to the moral

conceptions of to-day, not only do people shrink back when such

energetic measures are proposed, but every act by which individuals,

however worthless, are sacrificed in the interests of the species,

is regarded as immoral, and even as a punishable offence. But just

as to-day we treat certain individuals whose conduct endangers the

present generation in such a way as to deprive them of opportunities

for doing further harm, so also should we deal as seems best from

the social point of view with those individuals who are useless to

society, or may be harmful to future generations. As soon as it

is generally understood that the interest of future generations

is at least as important as that of the present generation, that

the interest of the species is more important than that of a few

individuals useless to society, and as soon as the number of cases

in which such destruction of children is desirable has been greatly

diminished owing to the adoption of appropriate preventive measures,

it will be regarded as a necessary and moral act to put an end to

these defectives.

_Abortion._--Abortion is common in every age. In ancient times,

amongst the majority of peoples, it was not considered a punishable

offence. Even in Christian Europe, down to the eighteenth century, it

was not punished when the act was performed within ten weeks of the

occurrence of conception. The explanation of this is that during the

earlier stages of development the embryo was not supposed to possess

a soul. To-day, abortion is a punishable offence, but is none the

less extraordinarily common. Official statistics make no approach to

completeness, for the great majority of abortions remain secret. An

expert to-day, owing to the gigantic advances in surgical technique,

can procure abortion without either difficulty or danger. In every

large town there are numerous doctors who specialise as abortionists.

Even the midwives do not hesitate to undertake such manipulations. In

every populous resort will be found large institutions where women

are given an opportunity for concealing the consequences of illicit

intercourse by the practice of abortion.

Where conception has occurred in a married woman, it may be fear for

the future of the child, of a lowering of the standard of life of the

family, or of the act of parturition, which leads to the practice

of abortion; where the pregnant woman is unmarried, fears as to the

future of mother and child may also be operative, but the principal

motives are the dread of disgrace and the desire to conceal the fact

that pregnancy has occurred. Among women of the proletariat it will

readily be understood that abortion is carried out less skilfully

than in the case of women belonging to the well-to-do class,

for proletarian women are unable to pay for such highly-skilled

assistance. It is for this reason that a much larger proportion

of criminal abortions are discovered in the case of proletarian

women than in the case of the well-to-do. The number of abortions

is comparatively greater in the towns than in the country, and the

technique of abortion is a more skilful one in the former districts

than in the latter.

It has recently been advocated that abortion should no longer be

regarded as a punishable offence. Others are satisfied with the

proposal that the mother should be left unpunished. These proposals

are supported by the following arguments. The existing law is

altogether inefficient, for it attacks not the act in itself, but

merely the poverty of the doer and the clumsiness of the act. The

punishment of abortion is especially unjust: (_a_) when the act of

intercourse has been effected against the will of the woman who has

been impregnated--for example, in case of rape; (_b_) when abortion

is indicated on special grounds of health--for example, when the

health or life of the mother is seriously threatened by pregnancy or

parturition, and there is no doubt that the life of the mother is

more valuable than that of the child; (_c_) when there is no doubt

that the child, if born at full term, would be weakly, diseased,

useless, or even injurious to society--for example, when a person

suffering from severe insanity or chronic alcoholism impregnates

a woman, or when an insane, epileptic, or imbecile woman becomes

pregnant. (As to certain other arguments which are put forward, such

as that everyone has a perfect right to the disposal of his own

body, and that for this reason the prospective mother can deal with

the fruit of her womb precisely as she pleases; or that, according

to the biogenetic law, the embryo is not a human being, but a lower

animal--no importance need be attached to them. They are altogether

superfluous.)

As yet there is no country in which these views have been

incorporated in legislation, but the time cannot be far distant in

which this will take place. Of course, when this happens, abortion,

if effected by a married woman, without sufficient cause, and without

the consent of her husband, would have to be regarded as an adequate

ground for divorce.

_The Protection of Feminine Chastity._--The criminal laws of to-day

recognise only the more serious offences against the chastity of

women, such as rape, seduction, gross instances of procurement,

and so on. The aims at reform in this connection are as follows.

Feminine chastity, above all as far as young girls are concerned,

demands much more effective protection than it receives to-day.

The age of consent--that is, the age below which intercourse with

a woman is in any case a punishable offence--should be raised at

least to eighteen, since protection is needed, not merely for the

age of bodily immaturity, but also for the period of the puberal

development, the dangerous time during which the sexual impulse

is awakening. Not only those should be punished who have effected

intercourse with a woman by force or under stress of threats, but

also those who have effected intercourse by fraudulent means, by

promise of marriage, or by taking advantage of the woman’s dependent

position (as in the case of employer and female employee or master

and maid-servant). Procurement, in the legislation of most countries,

receives a ridiculously mild punishment; and in order to restrict

the growth of the white-slave traffic, which, as previously pointed

out, has now attained colossal dimensions, it is essential that any

one who procures a child for sexual purposes should be punished very

severely. Those also should be punished who perform improper acts in

the presence of an immature person, or who show such a person obscene

pictures, or tell obscene stories, or the like. Boys, on account of

their sexual inexperience, need the protection of the criminal law no

less than girls.

_Maltreatment of Children._--Maltreatment of children belongs to the

second group of punishable offences against children. It is rare

for the offender to maltreat the child of a stranger; the offence

is usually committed against a child for whose care the offender

is responsible. The principal kinds of maltreatment of children

are--(_a_) corporal chastisement; (_b_) improper behaviour towards

children (in this connection the question arises whether parents can

commit an offence against the honour of their own children); (_c_)

working children to excess, either in the form of overwork at school,

excessive domestic work, overwork at wage-earning, forcing children

to beg, and the like.

Begging is more lucrative in proportion to the degree to which the

child’s appearance is calculated to arouse compassion--the poorer,

the more miserable, the more delicate it looks. In actual fact, a

child is often ill-used simply in order to give it an aspect which

will arouse more sympathy. Frequently a minimum amount of money

is fixed, which, under fear of punishment--usually gross physical

ill-treatment--the child has to bring home as a result of its day’s

begging. In large towns children are hired out to professional

beggars; in such towns as Paris and London there is actually a

regular market for such children. The child employed for purposes

of begging suffers many moral disadvantages; it becomes crafty and

obstinate, acquires a dislike for work and a love of enjoyment,

&c. The general public, which squanders money freely in almsgiving

to child beggars, gives without thought of the consequences. It is

less trouble to drop a few coppers into the outstretched hand of a

mendicant than to undertake a thorough investigation of the case,

and, if necessary, to remove the child from the corrupting influences

of its present environment, and to see that it will be properly cared

for in future. Mendicancy frequently leads to criminal courses, more

especially to offences against property, and in the case of girls to

offences against sexual morality.

The immediate causes of the maltreatment of children are the

following: (_a_) Illness or delicacy of the child; (_b_) illness or

nervousness in the parents; (_c_) interested motives; (_d_) a rough

disposition and incapacity for education on the part of the child;

(_e_) improper views concerning education; (_f_) alcoholism; (_g_)

exaggerated religious ideas; (_h_) sexual causes; (_i_) unhappy

conditions of conjugal life.

(_a_) Parents are much more likely to ill-treat sickly or weakly

children than healthy ones, for the former much more readily prove

a burden than the latter. Feeble-mindedness, moreover, is difficult

to recognise, and is often regarded by the parents as obstinacy or

naughtiness. It is a painful fact that in many cases the parents are

themselves responsible for the defective intellectual equipment of

their child, and yet it is on account of this very defect that they

ill-use the child.

(_b_) Delicate and nervous parents are much more likely than healthy

ones to ill-treat their children. In the case of parents who are

mentally unsound, the lust of cruelty may be a direct outcome of

their mental state.

(_c_) In many cases children’s lives are insured for a considerable

sum, and in this case the death of the child may be desired by the

parents for the sake of the insurance money. This happened very often

in the manufacturing towns of England, until the matter became the

subject of special legislation. Sometimes parents ill-treat children

in the hope of inheriting money belonging to these latter.

(_e_) The view is very general that the corporal punishment of

children plays an essential part in the process of education. The

child becomes to some extent accustomed to such punishment, whereby

the punishment ceases to be effective; as a result of this, yet more

severe punishment is inflicted.

(_f_) Alcoholism is a cause, both direct and indirect, of the

maltreatment of children. The father of a family who, in a state of

intoxication, will maltreat his family, and who, when sober again, is

bitterly ashamed of himself, is a familiar figure.

(_g_) Maltreatment of children (especially by clergymen, monks, and

nuns) often depends on the belief that it is necessary to mortify

the flesh in order to save the soul. There is also some connection

between exaggerated piety and sexual perversion.

(_h_) A quite considerable proportion of cases in which children are

maltreated are dependent upon sexual motives. But the maltreatment of

a child may give rise to sexual excitement, not only in the active

agent, but also in the passive. Cases of this nature occur chiefly in

the upper classes.

(_i_) In an unhappy marriage, one of the parents will often maltreat

the child simply because the latter loves the other parent.

Ill-usage of children may be the act either of relatives or of

strangers. Among the relatives, we have first of all the unmarried

mother; secondly, the natural father; thirdly, the stepmother;

fourthly, the lawful parents. Among strangers, we have chiefly to

consider teachers and foster-parents.

(_a_) Among children suffering from gross ill-treatment, we find a

preponderance, in view of their respective numbers, of illegitimate

as compared with legitimate children.

(_b_) We are always told that an illegitimate child will be horribly

ill-treated if its mother marries, not the child’s father, but

another man. It will be ill-treated by the man because it is a

stepchild, and by the woman because it interferes with her relations

to her husband, and awakens unpleasant memories. But these views are

exaggerated.

(_c_) The rôle of the stepmother is also commonly exaggerated. It

is easier to excuse a stepmother for ill-treating a child than it

is to excuse the child’s own parents. When all is said and done, it

is impossible to expect a stepmother to have the same love for the

stepchild as for the children of her own body, and it is only natural

that the stepchild which stands between her and her husband should be

differently treated from her own children. A stepchild is certainly

more likely to be ill-used when the stepmother has children of her

own.

(_d_) A mother is more likely to ill-treat children than a father.

The father cannot love children so well as a mother, nor can he hate

them to the same extent.

(_e_) Many teachers maltreat their pupils. They are seldom prosecuted

on this account, for many children are unfortunately accustomed to

the same sort of ill-treatment at home; moreover, the parents may

regard the teacher’s treatment as perfectly natural, or may be afraid

to institute proceedings against him.

(_f_) Ill-treatment of children by foster-parents is comparatively

common, owing to the fact that in this case the inhibiting influence

of the natural love for the offspring is lacking.

The consequences of maltreatment are extremely serious to the health

of the child, alike physically, mentally, and morally. The child

becomes naughty, lazy, and untruthful, and this results in yet more

maltreatment. The child’s affection and confidence are destroyed,

not only towards the person who ill-treats it, but towards others

as well; feelings of hatred towards the whole of society and desire

for revenge may even be aroused. Such a child will in turn maltreat

other children; its will-power is defective and its ambition is

destroyed. Actual disease, physical or mental, often ensues. Many

children run away from home as a result of ill-treatment, become

vagabonds, and even commit suicide. The increase recently noted in

the number of suicides is probably, in part, dependent upon the more

frequent ill-treatment of children during the same period. The usual

motive for suicide where children are concerned is seldom anything

else than the fear of ill-treatment. (Dread of parents, of school, of

punishment at school, of examination, &c.)

Most of the cases of the maltreatment of children take place among

the lower classes of the population. This is clearly proved by

statistical data, which show that more than 90 per cent. of those

convicted of maltreating children belong to the lowest strata of the

population.

(_a_) Among the lower classes, the rôle of the child is a very

different one from what it is among the upper classes. It often

makes its appearance, not as the greatly-desired heir, the inheritor

of an honoured name, or of considerable property, but merely as an

additional mouth, whose presence forces the parents to lower yet

further their already low standard of life, and entails upon them

numerous other inconveniences.

(_b_) The lower classes are less cultivated, rougher, more

passionate, less gentle, than the upper. They work all day, and we

need not be surprised if they become rough and disagreeable. The

proletarian parent has not received a proper education.

(_c_) Far more commonly they are slaves to alcohol.

(_d_) They are subordinated to everyone. The only persons to whom

they can display power and superiority are their own immediate

dependants.

(_e_) They come into far more intimate contact with their children,

and are not in a position to hand over the upbringing of their

children to salaried persons. In this connection we have to remember

that the presence of strangers in the house tends to put a check upon

maltreatment.

(_f_) They find it essential that their children should begin to earn

money very early in life.

The circumstances in consequence of which the part played in the

maltreatment of children by the lower classes appears to be even

greater than it is in actual fact, are as follows. (_a_) In the

case of the lower classes, maltreatment of children takes the form

exclusively or almost exclusively of gross physical misusage. In

this form the maltreatment of children is more obviously apparent,

and is legally punishable; whereas more subtle but in fact worse

modes of ill-usage are less easy to discover, and many of them are

not legally punishable. (_b_) Owing to the housing conditions of the

lower classes, the maltreatment of children is in their case far

less likely to remain secret. (_c_) People are readier to lodge an

information and to institute criminal proceedings when the offender

is poor than when he or she is well-to-do.

Where the effects of capitalism have been most marked--that is to

say, in the large towns--the maltreatment of children is commoner,

and takes worse forms. The maltreatment of children occurred in

very early times, but no particular importance was then attached

to the matter, owing to the sacred character in those times of the

institution of the family.

Far from being an indispensable part of the education of children,

their maltreatment is a direct hindrance to a good education. In

the discovery and the prevention of the maltreatment of children,

teachers, medical practitioners, and private associations play a

very important part. A teacher is able to observe whether a child

is ill-used, and is also in a position to obtain information from

the brothers and sisters of the child. The useful work the teacher

can do in this regard can be powerfully supported by the school

physician. Societies for the Prevention of Cruelty to Children are

both influential and important, especially in England and the United

States of America. To the latter country we owe the institution of

Children’s Courts. In England, it may be, that so great importance

is attached to efforts for preventing the maltreatment of children,

owing to the fact that in that country the position of the

illegitimate child is an exceptionally bad one.

The following measures are recommended for the prevention of the

maltreatment of children. (_a_) Cruelty to children on the part of

those legally responsible for the care of such children must be the

subject of official prosecution. (_b_) Parents who maltreat their

own children must at once be deprived of their parental authority,

for unless this is done, after they have been punished, the parents

will be likely to maltreat the child more than ever, merely taking

more care to avoid discovery. (_c_) It should be made the legal duty

of anyone who becomes aware of a case of cruelty to a child to lodge

official information without delay.

Children are not in a position to protect themselves against adults,

nor are they able on their own account to initiate proceedings

against anyone who has misused them. This difficulty is especially

great when the offender is one upon whom the child is legally

dependent.

_Suggested Reforms._--Recently the necessity has been recognised that

many offences against children should be punished much more severely

than they now are, and that many acts not otherwise punishable should

be made punishable if committed against a child.

(_a_) It is suggested that a new criminal offence should be defined

in the following terms:--“A parent, 1, who, although possessed of

the requisite means, fails, wilfully or neglectfully, to provide

for the child’s proper maintenance; 2, who, in consequence of a

disorderly life, is rendered unable to provide for the proper support

of his child; 3, who neglects his child--shall be punished in the

following manner.... A guardian or a foster-parent shall have the

same liabilities to punishment under this clause as the real parents

of a child.”

(_b_) It is suggested that, in the case of offences against the laws

regulating child-labour, the criminal legal authorities, and not the

local authorities, should have the right of intervention, that in

the case of the graver breaches of these laws, the offence should

be regarded, not as a petty offence, but as a misdemeanour, or as a

crime, and that, for this reason, the description of these offences

should be incorporated in the criminal code.

(_c_) It is suggested that the employment of children in mendicancy,

vagabondage, &c., which is at present treated as a petty offence

merely, should be constituted a misdemeanour.

(_d_) It is proposed to make it a punishable offence to supply, or

cause to be supplied, in a public place, to any juvenile, alcoholic

drinks whereby that juvenile becomes intoxicated.

(_e_) As regards the sale of tobacco, similar legal provisions are

considered desirable.

(_f_) It is suggested that parents should be severely punished, when

in the case of one of their children being ill they fail to summon

medical advice, or when they send the child to school suffering from

one of the acute infectious disorders, or from a house in which any

such disorder prevails.

With regard to the first recommendation (_a_), people begin to

recognise that a misuse of the rights and powers involved in parental

authority must be visited, not by private condemnation only, but

by that of the criminal law. It is seen that the standpoint of

the existing law, by which only the gravest offences, such as the

abduction of a child, or the infliction upon a child of grievous

bodily harm, are specified as punishable, is inadequate. Ever more

general becomes the demand that parental neglect of the proper

maintenance or education of a child should be constituted an offence

_per se_, and dealt with as such. It is only in the case specified in

(_a_) 1 that deliberate or gross neglect constitutes the essential

quality of the offence. (If all cases of neglect were punishable,

the provision (_a_) 1 would operate chiefly against offenders of

the lower classes, since it is in their case that such neglect most

commonly occurs.) In (_a_) 2 deliberate or gross neglect is no

essential part of the offence, because the idler, the man led astray

by his passions, &c., should not escape punishment. In (_a_) 3 simple

neglect is made punishable, because in such cases the community

becomes responsible for the maintenance of the child. Nothing must be

done to encourage what is really quite common--that parents should

neglect their child, simply in order that it should be taken away

from their care, and that in this way they may be freed from the

burden of its maintenance. It is essential that no complaint by

the injured party or his representatives should be requisite to the

initiation of a prosecution, for in most cases the child is itself

unable to complain, and the legal representative is often the prime

offender. Moreover, it is not the child alone that is injured, but

also the State, which has entrusted the offender with the care of the

child.

The objection has been raised that such legal provisions as have been

suggested would be directed principally against the lower classes,

that they would often lead to the unjust infliction of punishment,

that no one can be compelled to love another, and that it would be

difficult to determine the precise point at which the proper limits

of parental authority had been exceeded. But all these objections are

invalid, if only the gross cases that have been mentioned are made

punishable, and provided that wherever necessary the child is removed

from the care of the offender.

With regard to (_b_), it is altogether disproportionate that the

most trifling bodily injury to a child should be legally punishable

through the instrumentality of the criminal courts, whilst one who

inflicts a far more severe injury upon a child by forcing it to

perform excessive and unsuitable work is liable to nothing more

effectual than a reprimand on the part of the local authority. The

local authority is seldom in an independent position, but is commonly

subject to the influence of large employers of labour. The maximum

punishment which can be inflicted for a breach of the laws regulating

child-labour is so trifling, that the risk of this punishment is far

more than counterbalanced by the profits the employer can make by

the illegal exploitation of child-labour--especially when the fact

is borne in mind that not one instance in ten of a breach of these

laws is ever the subject of a prosecution. The gross injustices

and miseries which occur daily and everywhere from the improper

exploitation of child-labour will not disappear until the punishments

inflicted are such as the employers will seriously fear to incur, and

which they will be unable to avoid. The employer laughs at a fine,

for he pays it out of his surplus profits; but he will think twice

before incurring the risk of imprisonment.

With regard to (_d_), since alcohol affects children more powerfully

than it affects adults, it is necessary that it should be a legally

punishable offence to expose children to the dangerous influences of

this intoxicant.

With regard to (_e_), for the young, the use of tobacco is hardly

less harmful than the use of alcohol.

With regard to (_f_), it sometimes happens that the parents fail

to take the steps absolutely essential to the preservation of the

child’s health, and in this way the public health may be seriously

endangered.

The proposals mentioned under these last three headings, (_d_),

(_e_), and (_f_), are as yet hardly realised anywhere; but there

are good grounds for hoping that they will soon be adopted in more

countries than one.

INDEX

Abortion, 93, 118

Accidents to children, 136

Acquired immunity, 86. _See also_ Regeneration

Adoption, 90, 117

Advice to mothers, 65, 134

Age of parents, 80, 81

-- productive and unproductive, 12

-- pyramid, 12, 13

Agricultural colonies, 146

-- schools, 214

Agriculture, 156, 157, 158

Aims of child-protection, 4

Alcoholism, 79, 80, 129, 262, 267, 269

Apprenticeship, 162, 168, 169, 170, 171

Artificial feeding, 19, 24, 126, 127, 128, 134, 135, 137, 143, 167, 179

Artificial selection, 25-41. _See also_ Eugenics, Euthanasia, and

Marriage and Heredity

Atavism, 78

Atrophy, infantile, 50, 127

Austria, 157, 158

Authority for child-protection, centralised, 64, 65

Authority, parental, 71-76

Baby-farming, 132, 146-152

-- murderous, 95, 96, 150

Bastardy actions, loose conduct as defence in, 90

Baths for school children, 202

Beauty, 192

Begging, 164, 168, 261

Belgium, 222

Betrothed, children of, 99

Blindness, 179, 180, 181

Blind schools, 181

Boarding-out, 132, 141, 144, 145, 147

Breast feeding, 126-128

Capacity for understanding the punishable character of an offence, 221,

228

-- inborn, 28

Capitalism (private), its destruction essential to true

child-protection, 56, 57

Care after leaving school, 211-215

-- of foundlings, 44, 45, 46, 49, 52, 53, 58, 59, 61-64, 66, 67, 101,

102, 121, 122, 131, 132, 135, 184

Care of foundlings, Latin system and Germanic system, 144-146

-- institutional. _See_ Institutional Celibacy, 84

Centralised authority for child-protection, 64, 65

Certificates, medical. _See_ Doctors Character, inborn, 29

-- of the child, 29

Charity Organisation Society, 61

Childbirth, 94, 120, 121

Child-labour, 155-179

-- mortality, 17-24

-- protection after birth, 121, 122

-- -- before birth, 118, 119

-- -- during birth, 120, 121

-- -- for the illegitimate, 90-105

-- -- of the future, 56, 57

-- -- and the population question, 3-5

Children, wet-nursing of. _See_ Wet-nursing

Children’s clinics, 180

-- clubs, 208

-- hospitals, 180

Civil law and individual rights, department of, 71-117

Class differences in upbringing, 36, 37

Classical criminal law, 220-222

Clinics, children’s, 180

Co-education, 197, 198

Coercive reformatory education, 75, 152, 154, 223, 236-241

Colonies, agricultural. _See_ Agricultural Colonies

-- semi-urban, 183

Community at large, 60, 61

Compulsory military service, 84

-- school attendance, 168, 188, 189

Conception, prevention of, 8

Conditional release, 231, 232

-- remission of punishment, 231, 232

-- sentence, 231, 232

Confidential assistants to the official guardian, 115, 116

Congenital syphilis, 132

_Consultations de nourrissons_, 134

Continuation schools, 213

Contracts of service for minors, 108

Convalescent homes, 121

Cooking, instruction in, 210, 213, 214

Corporal punishment, 33, 34

Country holiday funds and open-air schools, 182, 183

Cow’s milk, 125, 126, 132-134. _See also_ Artificial Feeding

Crèche, 43, 135-138

Criminal law, 217-269

-- -- classical, 220-222

-- responsibility, 221-225, 228 _et seq._

Criminality, juvenile, 97, 98, 217-242

-- in the illegitimate, 97, 98

Cripples, 180

Cripples’ schools, 181

Culture, general. _See_ General Culture

Curriculum for child-protection, 66

Darwinism, 45, 46, 47

Deaf-mute schools, 181

Deaf-mutism, 180, 181, 182

Debility, congenital, 50, 94

Defectives, euthanasia of, 257, 258

Denmark, 215, 230

Diarrhœa. _See_ Intestinal

Digestive disorders, 127

Disabilities of the illegitimate, 90-93

Disciplinary classes, 196

Diseases, infective. _See_ Diseases

-- of occupation, 163

-- of school life, 202

Divorce, 83

Doctors, 46, 66, 88, 89, 120, 121, 138, 151, 172, 184

Domestic assistants, 121

-- care clubs, 121

-- economy, instruction in, 210, 213, 214

-- instructors, 186, 187

-- servants, 37, 169, 250

-- work, 155

Domicile, 63, 112

Ecclesiastical benevolence, 61, 62

-- marriage prohibitions, 83, 84

Education, 76, 185-216

-- and heredity, 25-41

-- by parents, 34-36

-- coercive reformatory, 75, 152, 154, 223, 236-241

-- factors of, 37, 38

-- institutional. _See_ Institutional

-- physical, 201-204

-- sexual, 197-199

-- under care, 75. _See also_ Coercive Reformatory Education

Educational science, 39

Elementary school, public, 185-216

-- -- unified, 216

_Enfants assistés_, 117

England, 53, 59, 61, 62, 112, 133, 141, 145, 152, 155, 168, 172, 174,

183, 198, 203, 211, 220, 222, 230, 235, 237, 248, 262, 265

Enlightenment of children, sexual, 197-199

Environment, 37, 38

Epidemic diseases, 135

Ethical instruction, 199-201

Eugenics, 25-41, 257, 258

Euthanasia, 257, 258

Example, good, 32, 33

_Exceptio plurium concumbentium_, 90

Excess of women, 13-15

Exclusion of certain school children, 195, 196

Executive instruments of child-protection, 58-68

Exposure of infants, 95, 142

Factors of child-protection, 58-68

-- of education, 37, 38

-- of poor relief, 58-59

Factory crèche, 137-138

-- inspection, 172, 173

Family crèche, 137-138

-- education, 53, 148-152, 235, 236

-- schools, 185

Feeble-mindedness, congenital, 30

Feeding of school children, 209-211

-- rooms for the infants of women working in factories, 137, 138

Feminine chastity, protection of, 260

Fertility of the lower classes, 5-9

Fines, 225

Flogging, 230. _See also_ Corporal Punishment

Foundlings, care of, 44, 45, 46, 47, 52, 53, 58, 59, 61-64, 66, 67, 101,

102, 121, 122, 130-132, 135, 141-154, 184

France, 5, 58, 101, 102, 116, 117, 123, 128, 132, 133, 147, 153, 172,

200, 201, 209, 222, 237, 256

Free-love, 105

Future, child-protection of, 56, 57

General culture, 32, 191, 192

Germany, 60, 100, 114, 116, 123, 133, 138, 141, 152, 157, 158, 160, 172,

203, 248

Gonorrhœa, 80

Gonorrhœal ophthalmia. _See_ Ophthalmia of the New-born

Good example, 32, 33

_Gouttes de Lait_, 133

Governesses and tutors, 186, 187

Government, central, 61-63

-- local, 59, 60

Great number of children, 20-22, 26

Guardianship, 107-117

Guardianship, official and institutional, 112-116

Guilds, 155

Gymnastic lessons, 202

Gynecology, 94, 120, 121

Half-timers, 169

Health of proletarian children, 178

-- resorts for children, 183

Heredity, 77-89

-- and education, 25-41

-- and marriage, 77-89

Holiday playgrounds, 183

Home education, difficulties of, 39, 40

-- industry, 160, 162

-- work for school children, 194, 195

Homes of technical instruction for girls, 170

Hospitalism, 135

“Hospital-marasmus,” 135

Hospitals, lying-in, 121, 134

Household right, 63

Housekeeping, instruction in, 213, 214

Housing conditions and child mortality, 23

Human milk, 125, 126. _See also_ Breast Feeding

Hungarian Child-Protection League, 61

Hungary, 54, 56, 61, 62, 137, 143, 146, 152, 153, 208, 248

Illegitimacy and occupation, 99

-- and prostitution, 98, 99

Illegitimate children, 47, 64, 71, 90-105

-- sexual relations, 15, 16

Illiteracy, 32

Ill-treatment of children, 196, 260-269

Imbecility. _See_ Feeble-mindedness

Immunity, acquired, 86. _See also_ Regeneration

Imprisonment, 225-228

Incubators, 122

Indeterminate sentence, 232, 233, 239-241

Individual guardianship, 108-117

Individualisation, 31, 192, 237

Individuality, 31, 192

Industrial reserve army, 31

-- schools, 238

Ineducability, 30

Infant-feeding, natural, artificial, and by wet-nurses, 125-140

Infanticide, 95, 96, 142, 256, 257

Infantile atrophy. _See_ Atrophy

Infant life protection, 125-140

-- mortality, 17-24, 96

-- -- attainable minimum of, 18

Infants’ hospitals, 134, 180

-- milk depots, 65, 133

Infective diseases, 51, 129. _See also_ under Special Diseases, as

Syphilis, Tuberculosis, &c.

Inheritance, 28, 77-89

-- of disease, 78-80

Inquiry into paternity, 58

Institutional and official guardianship, 112-117

-- care, 148-150

-- -- of infants, 135-138

-- education, 235-238

Instruction, religious and moral, 199-201

Instructions for pregnant women, 118

Instruments of child-protection, executive, 58-68

Insurance of children, 262

-- of motherhood, 122-124

Intra-uterine influences, 96

Intestinal catarrh, 135

-- disorders, 50

Italy, 58, 101, 102, 123, 147

Juvenile criminality, 97, 98, 217-242

_Kinderhorte_, 208

_Kinderschutzliga_, 61

Kin, marriage of near, 81, 82

Knowledge, 192, 193

_Krankenkassen_, 120

Labour, premature, 11, 93, 94, 166

Lactation, constitutional incapacity for, 128, 129

_La Recherche de la Paternité_, 58

Law, classical criminal, 220, 222

-- of parsimony, 42

Laws for child-protection, unified system, 63, 64

Leaflets on infant care, 138

Legal protection of children against consequences of their own actions,

106, 107

_Legitimatio per rescriptum principis_, 90

-- -- _subsequens matrimonium_, 90

Legitimisation, 90, 117

_Lex minimi_, 42

Limited powers of minors, 106-107

Local governing bodies, 59, 60

Loose conduct as a defence in bastardy actions, 90

Lying-in hospitals, 121, 134

Maintenance allowances, 104

Malthus, 5

Maltreatment of children, 196, 260-269

Manual training, 204-208

Marasmus. _See_ Atrophy

Margate, 183

Mark system, 239

Marriage, 15, 71-89

-- and disease. _See_ Marriage and Heredity

-- early, 15

-- and heredity, 77-89

-- and parental authority, 71-76

-- history, 72

-- of near kin, 81, 82

-- prohibitions, 83-89

Maternal authority, 73

Matriarchy, 72

Medical profession, medical science, &c. _See_ Doctors

Mendicancy, 164, 168, 261

Mental disorders, 30, 79-80, 163-164

Mercantile system, 5

-- theory of political economy, 5

Merit system, 239

Meteorological conditions, 24

Midwives and monthly nurses, 120, 121, 138

-- schools for, 65, 134

Military service, compulsory, 84

Milk. _See_ Cow’s Milk and Human Milk

-- depots, 133

-- stations, 183

Minors, limited powers of, 106-107

Miscarriage, 11

Monogamy, 105

Monthly nurses and midwives, 120, 121, 138

Moral instruction, 199-201

Morphinism, 80, 129

Mortality, 11-12

-- of illegitimate, 94-97

Mother as guardian, 94

Motherhood, insurance of, 122-124

-- protection, 118-124

Mothers, advice to, 134

-- schools for. _See_ Schools

_Mutterschaftskassen_, 124

Napoleon I, 153

Natural selection, 25-41, 45-47

New-born, ophthalmia of. _See_ Ophthalmia

Night work, 156

Norway, 127

Notification of pregnancy. _See_ Pregnancy

Number of children, great, 20-22, 26

Object lessons, 206

Objections to child-protection, 43-45

Obstetrics. See Gynecology

Occupation, diseases of, 163

Offences against children, punishable, 238-269

Official and institutional guardianship, 112-117

-- and private activities, 65-66

Open-air schools, 182, 183

-- -- and country holiday funds, 182, 183

Ophthalmia, contagious, 135

-- of the new-born, 80, 179

Organisation of juvenile labour, 170, 171

Orphan asylum, 145

“Over-parent,” State as, 74-76

Parental authority, 71-76

Parents, age of. _See_ Age of Parents

Parents’ evenings at school, 197

Parents, school, environment, 37, 38

Parole, release on, 231, 232

Paternal authority, 73

Paternity, inquiry into, 58

Patriarchy, 72

Physical education, 201-204

Physicians. _See_ Doctors

Playgrounds for children, supervised, 208

Pneumonia, 135

Poor-relief, factors of, 58, 59

Population question, quantity, 3-16

-- -- quality, 25-41

-- classified according to age, 12, 13

Poverty, 51, 52

Powers of minors, limited, 106-107

Pregnancy, notification of, 119

Pregnant women, instructions for, 118

Premature labour, 11, 93, 94, 166

Preparatory schools, 208

Prevention, 42

Preventive methods. _See_ Conception, prevention of

Primiparae, 96

Private and official activities, 65-66

Probation, 231, 232

-- officer, 247

Procurement, 251, 260

Proletarian children, health of, 178

Property of wards, 108, 116

Pros and cons of child-protection, 42-58

Prostitution, 98, 99, 118, 249-253

Protection of feminine chastity, 260

Prussia, 140

Public advocacy of breast-feeding, 133, 144

-- elementary school, 185-216

-- performances by children, 168

Punishable character of an offence, capacity for understanding the, 221,

228

-- offences against children, 254-269

Punishment, conditional remission of, 231-232

-- corporal, 33, 34. _See also_ Flogging

Punishments and rewards, 196

Quality of population, 20-41

Quantity of population, 3-10

Rachitis, 127, 162

Rape, 259, 260

Recognition, 90

Reformatory education, coercive, 75, 152, 154, 223, 236-241

-- schools, 236-241

-- system, 236-241

Regeneration, 86, 88

Relative as guardian, 110

Release, conditional, 231-232

-- on parole, 231, 232

Religious and moral instruction, 199-201

Religious motives for ill-treating children, 262

Repressive measures, 42, 55

Reprimand, 230

Rescue homes, 146

Reserve army of labour, 51

Resident wet-nurses, 131

Responsibility, criminal, 221-225, 228 _et seq._

Rewards and punishments, 196

Rickets, 127, 162

Sanatoria, 183

Scattered homes, 146

School and juvenile criminality, 229, 230

-- attendance, compulsory, 168, 188, 189

-- baths, 202

-- care after leaving, 211-215

-- diseases, 202

-- feeding, 209-211

-- gardens, 202

-- hygiene, 202

-- kitchens, 210

-- nurses, 203

-- physicians, 67, 202, 203

-- public elementary, 185-216

-- savings banks, 209

-- teachers, 172, 265

-- unified elementary, 216

Schools, agricultural, 214

-- for mothers, 138, 139

-- for the blind, 181

-- industrial, 238

-- of child-protection, 66

-- of public welfare, 66

-- preparatory, 208

-- reformatory, 236-241

Science, 193, 194

Scrofula, 50

Seasonal variations in birth-rate, 24

Seduction, 260

Selection, artificial, 25-41

-- natural, 25-41, 45-47

Semi-urban colonies, 183

Sentence, conditional, 231-232

Servants, domestic, 37, 169, 250

Sexual education, 197-199

-- enlightenment of children, 197-199

-- motives for ill-treating children, 262

-- relations, illegitimate, 15, 16

Sicily, 163

Siege of Paris, infant mortality during, 127

Social developments of the near future, 39-41, 56, 57

-- hygiene, 179, 180

Socialism, 51-57

-- and palliatives, 56, 57

Societies for prevention of cruelty to children, 265

Special schools for defective children, 181, 182

State as “over-parent,” 74-76

Still-birth, 11, 93, 166, 167

Stomach disorders, 50

Summer and child mortality, 24

Supervised playgrounds for children, 208

Supervision of family care, 150-152

Sweden, 127

Switzerland, 117, 157, 182, 209

Syphilis, 80, 93, 94, 96, 118, 129

-- congenital, 132

Tobacco, 267, 269

Towns, child mortality in, 22, 23

Training ships, 146

Transmission of venereal diseases, 84, 85

Truants, 195

Tuberculosis, 42, 80, 127, 129, 182, 202

Turn-table, 44, 45, 142, 143

Tutors and governesses, 186, 187

Underfeeding of proletarian children, 178, 179

Understanding the punishable character of an offence, the capacity for,

221, 228

Unified school for all classes, 216

Unified system of laws for child-protection, 63, 64

United States of America, 53, 61, 89, 108, 172, 173, 196, 197, 201, 203,

208, 209, 215, 222, 223, 231, 232, 233, 235, 237, 238, 240, 246,

247, 265

Venereal diseases, 85, 251

Voluntary benevolent activities, 60, 61

-- workers, 65, 66

Wages, 158, 159, 160, 161, 166, 176, 213

Wards, property of, 108, 116

Warm chambers, 122

Welfare, schools of public, 66

Wet-nurses, resident and non-resident, 131

Wet-nursing of children, 126, 127, 130-132, 146-148

White slave traffic, 251, 260

Withdrawal of parental authority, 75, 76

Women, excess of, 13-15

Women’s labour and child-labour, 155-177

Workers, voluntary, 65, 66

Workhouse system, 145

Youth, criminality in, 217-242

THE END

Printed by BALLANTYNE, HANSON & CO.

Edinburgh & London

FOOTNOTES:

[1] In this work the term _infant_ is used to denote all children

under one year of age; where reference has to be made to infancy in

the _legal_ sense of a person under twenty-one years of age, the term

_infant-at-law_ or _minor_ will be employed.--TRANSLATOR.

[2] _Boards of Guardianship_.--This term is not used in the sense

in which in England we speak of _Boards of Guardians_, to denote

the _ad hoc_ local authorities which administer the English Poor

Law, but to denote local committees which, in the continental system

of child-protection, administer the functions for which the State

is responsible in its capacity of “Over-Parent” (an expressive and

convenient term we owe to Mr. H. G. Wells). Dr. Engel suggests

_Court of Orphans_ or _Court of Wards_ as alternate English

terms.--TRANSLATOR’S NOTE.

[3] Unless and until humanity is able and willing to apply its

intelligence to purposive racial improvement, by discouragement

of the procreation of the less fit, and by encouragement of the

procreation of the more fit--by an application, that is to say, of

the principle of negative or restrictive eugenics, on the one hand,

and the principle of positive or constructive eugenics, on the

other.--TRANSLATOR’S NOTE.

[4] _Krankenkassen._--These are the executive institutions for the

administration of the medical benefits of the workmen’s insurance

laws of Germany, and of other countries with laws based on the German

model.--TRANSLATOR’S NOTE.

[5] England lags behind the rest of the world in this

matter.--TRANSLATOR.

[6] This theory of the “born criminal” is associated chiefly with the

name of Lombroso. See my translation of Kurella’s memoir, “Lombroso,

his Life and Work,” London, 1911. Rebman.--TRANSLATOR’S NOTE.

[7] Consult the chapter on “Women’s Labour and Child Labour.”

TRANSCRIBER’S NOTE

Obvious typographical errors and punctuation errors have been

corrected after careful comparison with other occurrences within

the text and consultation of external sources.

Except for those changes noted below, all misspellings in the text,

and inconsistent or archaic usage, have been retained: for example,

goodwill, good-will; syntonised; moiety; hebetude; sempstress.

Pg 96: ‘to the lattter’ replaced by ‘to the latter’.

Pg 157: ‘country districs’ replaced by ‘country districts’.

Pg 176: ‘proved that that the’ replaced by ‘proved that the’.

Pg 192: ‘quantity of knowlege’ replaced by ‘quantity of knowledge’.

Pg 199: ‘enlightenmeut of children’ replaced by ‘enlightenment

of children’.

Pg 221: ‘first convicion for’ replaced by ‘first conviction for’.

Pg 228: ‘stands constrasted’ replaced by ‘stands contrasted’.

Pg 265: ‘In this conn e ton’ replaced by ‘In this connection’.

Pg 271: new Index entry for ‘Artificial feeding’ inserted.

End of Project Gutenberg's The Elements of Child-protection, by Sigmund Engel

The Elements of Child-protection · 第 7 / 7 章