There has ever been, on the question of his children, a struggle
between man and nature. Endowed with the possibilities of a large
offspring man has fought the burdens that nature has thrust upon him.
On first view, it seems that parental affection never develops to great
degree unless the economic conditions are favourable; yet the various
artifices and “laws” used by tribes to get rid of children would show
that parental affection kept struggling with the inclinations of men.
In other words, if we find, as we do, female children sacrificed
in one place because they are useless, and all first-born children
sacrificed in another place because the gods must be propitiated, it
is evident that parental affection (as represented by the women) was
strong enough to force the male sovereigns to invent plausible excuses
and taboos in order to have the women give up their offspring.
Considering all that is being done, said, and written on the subject of
the child and the relation of the state and citizen toward the child,
it would seem safe to assume that there would be some interest in the
attitude of our predecessors toward children.
From the regulation of Romulus, as set forth by Dionysius
Halicarnassus, to the story of Mary Ellen, as set forth by a
settlement worker on the East Side of New York City, is a far cry,
but the progress from the first to the second is steady. The Roman
General, Agathocles, who made as a part of the terms of peace with the
Carthaginians an agreement on the part of that branch of the Semitic
race that they would cease to sacrifice children, was a legitimate
sociological progenitor of the representative of the arm of the law
that stops a drunken father from beating his child and creates a
Children’s Court where the child gets gentleness with justice, not
contamination and corruption.
[Illustration: MARY ELLEN AND THE SCISSORS WITH WHICH SHE WAS BEATEN]
“Every historian ought to be a jurist; every jurist ought to be a
historian,” says Ortolan, and the historian of child progress feels
not only the truth of that statement but the added necessity of meeting
the various economic theories that have dealt with the care of the
child, from those of Lycurgus to the latter-day essay of Malthus.
The law of primogeniture and the varying laws of inheritance have
occasionally led to the study of children as children, but generally
the main interest in them of historian and jurist has been as a channel
for the transmission of property.
Theories about population and the fascinating pursuit of unravelling
tangled economic laws, have obscured the fact that the attitude of a
state toward children has been, with few variations, an index to its
social progress. The same thing has been said of women, but while
the Greeks treated women well, yet with the exception of the single
_dema_[10] of Thebes, infanticide was common in all the Greek States.
Public-domain text, read in full here on John Shaqi.
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