manufacturing system first made its appearance--England, to wit. At
the present day it is the great manufacturing countries, England,
Belgium, France, and the United States of America, in which most is
done in this regard.
_Special Legislation Dealing with Youthful Criminals._--It is to that
portion of the newer criminal law which concerns youthful criminals
that the dogmatists object most strongly. They complain that it
endangers very seriously personal liberty and parental authority.
There are many who argue to-day against coercive reformatory
education, on the ground that personal freedom and parental authority
should be inviolable. We even find some who attack modern ideas
from the standpoint of various legal theories. Such persons tell us
that coercive reformatory education interferes more than punishment
with the child’s individual liberty, and that it absolutely ignores
parental authority. The criminal authorities have absolutely no
right, in their view, to supervise a child’s education, but merely
to punish it or to set it at liberty. But this portion of modern
criminal jurisprudence does not aim merely at the suppression of
juvenile criminality. It is likewise an experimental laboratory, as
it were, for the testing of new institutions, the success or failure
of which is eagerly awaited by criminal jurists. If any institution
thus tested proves successful, its application is immediately
extended to other portions of the criminal law. In the United States
of America, for example, the method which has been found successful
in the case of juvenile offenders is now being applied in the case
also of young adult criminals.
_Proposals Bearing on the Question of Criminal Responsibility at
Different Ages._--(_a_) A radical proposal for reform is that the
distinction between juvenile and adult criminals should be abolished,
and that, instead, criminals should be classified simply as educable
or non-educable. This proposal is impracticable. In consequence
of the application of the principles of individualisation and
classification, the distinctions between the various age-classes of
criminals become, indeed, of less and less importance. There may even
be a little truth in the assertion that in a large country, owing
to racial and climatic differences, no uniform classification of
offenders according to ages can be adopted. And yet the definition
of age-limits in the case of criminal offenders is indispensable. In
a few cases such distinction may render the appropriate treatment of
offenders more difficult, but in the great majority of instances they
facilitate the work of judges and magistrates, and afford a means of
individualisation.
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