_The Nature of Guardianship._--The purpose of guardianship is
to provide minors with the equivalent of parents. A guardian is
appointed for a minor when the latter is not subjected to any
parental authority; or when, although the minor has parents, these
are unfitted, through lack of means or through defect of personal
character, to make a proper use of their parental authority. The
analogy between parental authority and guardianship should result in
the guardian, in his care for the person and property of the ward,
being invested with almost the same duties and rights as belong to
the possessor of parental authority. But since the relationship
between ward and guardian is less intimate than the relationship
between a child and its parents, the guardian’s sphere of activity is
naturally a more restricted one. For example, in respect of certain
very important undertakings, outside the limits of the guardian’s
usual sphere of administrative activity, the latter’s powers are
restricted by the qualification that in such cases the undertaking
is rendered valid only with the prior assent of the Board of
Guardianship (see footnote to p. 74).
_Guardianship of Poor Children._--The principal aim of guardianship
to-day is to provide for the careful administration of the property
of the ward, and it thus has no bearing upon the fate of orphans of
the proletarian class, although these are really more in need of
guardianship than orphan children belonging to the upper classes.
The only “property” of the proletarian child, whether orphaned or
not, is its power of working for wages. The adequate cultivation
and utilisation of this power is more important to the proletarian
child than the right administration of its property is to the child
of the well-to-do. Although, as a rule, the proletarian child begins
to work for wages while still under age, our existing legal systems
make no provision for guardians and the Board of Guardianship to
exercise much influence upon the working conditions of such children.
It is owing to this defect in our laws that the exploitation of the
labour-power of minors is so widely prevalent.
To obviate these disadvantages, the following institutions are
necessary, although they would temporarily interfere with social
intercourse. Contracts of service in the case of minors should not
be valid without the assent of the latter’s legal representatives
and that of the Board of Guardianship, and such contracts should be
terminable at any time by the legal representative with the approval
of the Board of Guardianship. Should the parents of a child secretly
arrange for it a contract of service, or should they compel the child
to work for wages, they should have no legal claim to any portion
of these wages. Where such measures are in operation, as in some of
the States of the American Union, children are much less frequently
compelled by their parents to work for wages.
Public-domain text, read in full here on John Shaqi.
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