The introduction into Europe of this American system is, in the first
place, a problem of the organisation of the law courts, inasmuch as
the Children’s Court combines the functions of an ordinary law court
with those of a Board of Guardianship. In the second place, the
problem is one of the reform of criminal law, since the Children’s
Courts would be of no value without the power to place children on
probation. In such countries as Hungary, in which the authority
exercising guardianship is not a law court, but a specialised
administrative body, the judge who has to try a child charged with a
criminal offence is not empowered to exercise any of the functions of
a Board of Guardianship. In those countries in Europe in which it is
possible to effect the necessary changes in the organisation of the
law courts, and to secure the necessary reforms in criminal law, and
where suitable judges for the Children’s Courts are available (the
personality of these judges is, of course, a matter of fundamental
importance), the introduction of Children’s Courts is possible.
In Europe the American example is more and more appreciated and
imitated; of recent years advances in this direction have been made
in almost every civilised country, not even excepting England, whose
legal development is essentially conservative. In the application of
these ideas we find numerous differences; in Germany, for instance,
several systems are in vogue. The general introduction of the
Children’s Courts into Europe is certain to ensue, inasmuch as the
conditions which have led to their introduction in America obtain
equally in Europe.
CHAPTER III
PROSTITUTION
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