Youth and Justice in Western States, 1815-1950: From Punishment to Welfare

435 Pages·2018·4.49 MB·English

by  Jean Trépanier

World Histories of Crime, Culture and Violence
YOUTH AND JUSTICE IN
WESTERN STATES, 1815–1950
From Punishment to Welfare
Edited by Jean Trépanier
and Xavier Rousseaux
World Histories of Crime, Culture and Violence
Series Editors
Marianna Muravyeva
University of Tampere
Tampere, Finland
Raisa Maria Toivo
University of Tampere
Tampere, Finland
Palgrave’s World Histories of Crime, Culture and Violence seeks to
publish research monographs, collections of scholarly essays, multi-
authored books, and Palgrave Pivots addressing themes and issues of
interdisciplinary histories of crime, criminal justice, criminal policy, culture
and violence globally and on a wide chronological scale (from the ancient
to the modern period). It focuses on interdisciplinary studies, historically
contextualized, across various cultures and spaces employing a wide range
of methodologies and conceptual frameworks.
More information about this series at
http://www.palgrave.com/gp/series/14383
Jean Trépanier · Xavier Rousseaux
Editors
Youth and Justice
in Western States,
1815–1950
From Punishment to Welfare
Editors
Jean Trépanier Xavier Rousseaux
University of Montreal Université catholique de Louvain
Montreal, QC, Canada Louvain-la-Neuve, Belgium
World Histories of Crime, Culture and Violence
ISBN 978-3-319-66244-2 ISBN 978-3-319-66245-9 (eBook)
https://doi.org/10.1007/978-3-319-66245-9
Library of Congress Control Number: 2017950404
© The Editor(s) (if applicable) and The Author(s) 2018
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights
of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction
on microfilms or in any other physical way, and transmission or information storage and
retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are
exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and
information in this book are believed to be true and accurate at the date of publication.
Neither the publisher nor the authors or the editors give a warranty, express or implied,
with respect to the material contained herein or for any errors or omissions that may have
been made. The publisher remains neutral with regard to jurisdictional claims in published
maps and institutional affiliations.
Cover illustration: ‘Audience du Juge des enfants’, Brussels, ca. 1913. Courtesy of Brussels
City Archives
Printed on acid-free paper
This Palgrave Macmillan imprint is published by Springer Nature
The registered company is Springer International Publishing AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
C
ontents
1 Introduction 1
Jean Trépanier and Xavier Rousseaux
Part I An International Overview
2 The Roots and Development of Juvenile Justice:
An International Overview 17
Jean Trépanier
Part II Nineteenth Century Responses to Juvenile
Delinquency: Punishment, Reform and
Child Protection
3 The Origins of Informal Juvenile Court Practices
and of the Juvenile Reformatory in England,
1815–1855 73
Peter King
4 From Punishment to Reform: Boys in Gaol
and Reform Institutions, Montreal, 1853–1921 99
François Fenchel, Jean Trépanier and Sylvie Ménard
v
vi CoNTENTS
5 “Endangered” Children and the Montreal Ladies’
Benevolent Society Industrial School, 1883–1921 131
Janice Harvey
Part III A New Institution in the Welfare Era: Juvenile
Court Policies and Practices
6 Between Great Expectations and Hard Times:
The First Decade of the Geneva Children’s
Penal Court, 1914–1925 163
Joëlle Droux and Mariama Kaba
7 The Practice of the Juvenile Judge in the Netherlands:
The Family Supervision Order as a Response to the
Sexual Misbehaviour of Minors, 1922–1940 197
Ingrid van der Bij and Jeroen J.H. Dekker
8 A ‘Wayward’ or ‘Incorrigible’ Youth? Juvenile Crime
and Correctional Education in Post-war Germany,
1945–1953 225
David Meeres
9 Youth Delinquency Redefined: The Practice
of Scientific Observation and Diagnosis Within the
Framework of Belgian Child Protection, 1913–1960 253
Jenneke Christiaens
Part IV Children and Families Before the Juvenile Court
10 Girls’ Journeys to the Juvenile Court, Antwerp,
1912–1933 279
Margo De Koster
11 Juvenile Delinquency in Wartime and Peacetime:
The Activity of the Belgian Juvenile Courts,
1912–1950 311
Aurore François
CoNTENTS vii
12 The Price of Virtue: Socio-Judicial Regulation
of Juvenile Sexuality in France During the First Half
of the Twentieth Century 333
David Niget
13 Children and Their Families in the Montreal Juvenile
Delinquents Court, 1912–1950: Actors or Spectators
of Their Own Fate? 365
Jean Trépanier
14 Conclusion: Towards a Transnational History of Youth
in Justice Systems 389
Jean Trépanier and Xavier Rousseaux
Index 419
e C
ditors and ontributors
About the Editors
Jean Trépanier studied law and criminology. He holds a PhD from the
London School of Economics and Political Science. After working as a
civil servant (including as a juvenile probation officer) for a few years,
he joined the staff of the School of Criminology at the Université de
Montréal, where he taught on youth justice policies and criminal law.
Now a Professor emeritus, he has been involved in research and has pub-
lished extensively on youth justice, both from an historical and a cur-
rent perspective. He is a researcher both at the Centre International de
Criminologie Comparée (CICC) of the Université de Montréal and at
the Centre d’Histoire des Régulations Sociales (CHRS) of the Université
du Québec à Montréal.
Xavier Rousseaux studied history, philosophy, sociology and com-
munication at the Université de Louvain. He has written extensively
on the long term history of crime and criminal justice. He has spent
research leaves in France (CNRS, Institut d’Études avancées) and in
the Netherlands (NIAS, Wassenaar). He is coordinator of three main
collective research projects on Justice and Populations, Colonial Judges
and Transnational Reformers. He is a founding member and review edi-
tor of the international journal Crime, History & Societies.
ix
x EDIToRS AND CoNTRIBUToRS
Contributors
Jenneke Christiaens teaches criminology at the Vrije Universiteit
Brussels, Belgium.
Margo De Koster teaches historical criminology at the Vrije
Universiteit Amsterdam, The Netherlands, and at the Vrije Universiteit
Brussel, Belgium.
Jeroen J.H. Dekker is full professor of History and Philosophy of
Education at the University of Groningen (The Netherlands), Faculty of
Behavioural and Social Sciences, department of education.
Joëlle Droux is maître d’enseignement et de recherche at the Faculty of
Psychology and Education of the Université de Genève, Switzerland. She
is a member of the Équipe de recherche en histoire sociale de l’éducation.
François Fenchel teaches criminology at the School of Social Work of
Université Laval, Québec City, Canada.
Aurore François teaches history and is Director of the Archives Service
at Université catholique de Louvain, Belgium.
Janice Harvey teaches history at Dawson College, Montreal, Canada.
Mariama Kaba is a researcher at the Haute École de Travail Social et
de la Santé du Canton de Vaud (EESP), Lausanne, Switzerland. She is
responsible for research on the history of medicine, public health and
childhood.
Peter King is Professor emeritus of history at the University of
Leicester, England.
David Meeres obtained a PhD from the University of Limerick, Ireland,
with a thesis on policing ‘wayward youth’ in Germany, 1939–1953. He
was awarded a research scholarship from the German Historical Institute
in London and has tutored history at the University of Limerick. He is
currently a professional tour guide in Berlin.
Sylvie Ménard completed a PhD degree in history at the Université du
Québec à Montréal. She has taught history at the Université du Québec,
both in Montreal and Trois-Rivières, at the Université de Montréal and at
Ahuntsic College, Montreal. She has been an affiliated researcher at the
Centre d’histoire des regulations sociales, Université du Québec à Montréal.