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Élever les enfants aux sources du droit et de la justice : retour sur les origines morales de la justice des mineurs (1891-1912)

Abstract : This article will look at the ideological foundations of the French specialized juvenile court. Between 1891 and 1912, the year in which the law creating a court for children and juveniles was voted, the idea of restoring proper parental care and education to the most fragile families was the subject of great moral debate. This new judiciary mission situated between guardianship for the most destitute, the promotion of what is right and the strict monitoring of those at risk, totally transformed the traditional judicial system. The creation of a specific tribunal to try to reduce the number of infractions committed by juvenile criminals, often more destitute than guilty, brought about a redefining of the roles of the investigator, judge and defense lawyer. These men who were entrusted with an apostolic mission, according to the terms used by the legislators, promoted the reformation of children and parents whose behavior was considered outside that of a new republican model based on solidarity and authority. The social progress brought about by the juvenile courts was based upon a justice banning all reference to conflict (I) and upon the creation ofa new moral and paternal figure, that of the judge for children.
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https://hal-univ-orleans.archives-ouvertes.fr/hal-02958811
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Submitted on : Tuesday, October 6, 2020 - 11:43:10 AM
Last modification on : Wednesday, October 7, 2020 - 3:43:00 AM

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Dominique Messinéo. Élever les enfants aux sources du droit et de la justice : retour sur les origines morales de la justice des mineurs (1891-1912). Revue historique de droit français et étranger, Sirey, Dalloz, 2013, 89 (1), pp.43-64. ⟨hal-02958811⟩

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