The Deaf: Their Position in Society and the Provision for Their Education in the United StatesBest, Harry
History
The Deaf: Their Position in Society and the Provision for Their Education in the United States
Best, Harry
Deaf -- Education -- United States; Deaf -- United States
In most of the statutes and decisions to which we have referred there
appears a distinct trend towards treating the deaf quite as normal
persons, and the tendency may be considered to be general to-day to hold
them very much as other citizens. The greater part of all the special
legislation has ceased of late years, and it is seldom now that a
particular enactment is placed upon the statute books. Where such does
occur, it arises chiefly where some peculiar protection of the deaf has
been felt to be needed. Discriminatory legislation has practically
disappeared, as has also beneficial legislation of the old sort, the
only kind likely to be enacted in the future being along the new lines
pointed out.
In judicial proceedings likewise particular usage in respect to the deaf
has almost entirely passed away, and the deaf to-day receive little
distinctive treatment. Practically the sole special consideration now
accorded them is in the procurement of interpreters for proper
occasions. On the whole, then, the present attitude of the law may be
said to be to regard the deaf more and more fully as citizens, to allow
them all the rights and duties of such, and to consider them in little
need of particular aid or attention.[93]
FOOTNOTES:
[61] The legal treatment of the deaf, however, in past times has not
been as severe as has been often supposed. Both the Justinian Code and
the Civil Law, as well as the Common Law, granted a number of rights to
the deaf, these being in some cases as far as the policy of the law
would permit. In a few instances a not unsympathetic attitude was
displayed towards them. In the early Roman law and in some other systems
word of mouth was necessary to accomplish certain legal acts, and this
of course bore hardly upon the deaf. In all cases it was the deaf-mute
from birth who suffered most. On this subject, see A. C. Gaw, "The Legal
Status of the Deaf," 1907; H. P. Peet, "Legal Rights and
Responsibilities of the Deaf," 1857 (Proceedings of Convention of
American Instructors, iv., p. 17).
[62] Constitution, 1890, sec. 243. The blind are also included in the
exemption.
[63] In New York we find an early reference to the deaf in the rules
adopted in 1761 by the state assembly regarding suffrage qualifications
in the election of its own members, one of which rules declared that "no
man deaf and dumb from his nativity has a vote," though this may have
been partly due to the fact that nearly all voting then was _viva voce_.
William Smith, "History of the Late Province of New York," 1830, ii., p.
358.
[64] Laws, p. 110. A Kentucky statute refers to "idiots and those by
speech or sign incapable" of understanding (Stat., 1894, Sec. 2149), but
the deaf may not necessarily be included.
[65] Cod. Laws, 1865, ch. 3, Sec. 2; 1884, Sec. 1378.
[66] Civ. Code, 1838, Sec. 1852; 1898, Sec. 1591.
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