With regard to the first recommendation (_a_), people begin to
recognise that a misuse of the rights and powers involved in parental
authority must be visited, not by private condemnation only, but
by that of the criminal law. It is seen that the standpoint of
the existing law, by which only the gravest offences, such as the
abduction of a child, or the infliction upon a child of grievous
bodily harm, are specified as punishable, is inadequate. Ever more
general becomes the demand that parental neglect of the proper
maintenance or education of a child should be constituted an offence
_per se_, and dealt with as such. It is only in the case specified in
(_a_) 1 that deliberate or gross neglect constitutes the essential
quality of the offence. (If all cases of neglect were punishable,
the provision (_a_) 1 would operate chiefly against offenders of
the lower classes, since it is in their case that such neglect most
commonly occurs.) In (_a_) 2 deliberate or gross neglect is no
essential part of the offence, because the idler, the man led astray
by his passions, &c., should not escape punishment. In (_a_) 3 simple
neglect is made punishable, because in such cases the community
becomes responsible for the maintenance of the child. Nothing must be
done to encourage what is really quite common--that parents should
neglect their child, simply in order that it should be taken away
from their care, and that in this way they may be freed from the
burden of its maintenance. It is essential that no complaint by
the injured party or his representatives should be requisite to the
initiation of a prosecution, for in most cases the child is itself
unable to complain, and the legal representative is often the prime
offender. Moreover, it is not the child alone that is injured, but
also the State, which has entrusted the offender with the care of the
child.
The objection has been raised that such legal provisions as have been
suggested would be directed principally against the lower classes,
that they would often lead to the unjust infliction of punishment,
that no one can be compelled to love another, and that it would be
difficult to determine the precise point at which the proper limits
of parental authority had been exceeded. But all these objections are
invalid, if only the gross cases that have been mentioned are made
punishable, and provided that wherever necessary the child is removed
from the care of the offender.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account