(_b_) Liability to punishment is almost universally regarded as
beginning, at the earliest, at the age of fourteen. This is the
period of the commencement of the puberal development, of the
cessation of school attendance, when the child passes from the life
of the family and the school to a life in the open, and becomes
competent to work for a living.
(_c_) Many writers demand that the period of nonage, as far as
criminal responsibility is concerned, should be extended. They do
so on these grounds. The physical development of the individual is
not completed till the age of twenty-three or thereabouts. It is
inconsistent that one who is still a minor from the point of view
of civil law should be regarded as of full age from the point of
view of criminal law. Civil law is an affair merely for the owning
and well-to-do classes; criminal law arises mainly in consequence
of poverty. Hence we may say that in general civil law is created
for the former class, and criminal law for the latter. There is
certainly at any rate an appearance of class-justice in the assertion
that those belonging to the poorer classes at eighteen are mature
enough to be sent to jail, whilst those belonging to the well-to-do
classes are incompetent to make a binding legal engagement to pay
half-a-sovereign until they are twenty-one or twenty-four years
of age. But the proposal is impracticable. Its adoption would
undoubtedly involve grave dangers to public order, since the
age-class of persons from eighteen to twenty-one is characterised
by a high and a serious criminality-rate. The result of educative
measures in the case of young criminals of such an age is not a very
great one, for the formation of the character is by this time far
advanced. To extend the age for a coercive reformatory education
to include the last years of civil minority would be devoid of any
justification upon accepted legal principles. There is no reason why
the period of criminal nonage should coincide with the civil. In
the first place, a much higher degree of intellectual capacity is
requisite to the understanding of a transaction in civil law than to
the understanding of the punishable character of an offence. In the
second place, a punishable offence is also an offence against public
order, but matters of civil law usually concern individuals only. In
the third place, as regards the capacity also for infringements of
the civil law, narrower limits are imposed than in the case of the
capacity to enter into a bargain.
Public-domain text, read in full here on John Shaqi.
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