front cover of The Battle for Children
The Battle for Children
World War II, Youth Crime, and Juvenile Justice in Twentieth-Century France
Sarah Fishman
Harvard University Press, 2002

The Battle for Children links two major areas of historical inquiry: crime and delinquency with war and social change. In a study based on impressive archival research, Sarah Fishman reveals the impact of the Vichy regime on one of history’s most silent groups—children—and offers enlightening new information about the Vichy administration.

Fishman examines how French children experienced the events of war and the German occupation, demonstrating that economic deprivation, not family dislocation, sharply drove up juvenile crime rates. Wartime circumstances led authorities to view delinquent minors as victims, and provided the opportunity for reformers in psychiatry, social work, and law to fundamentally transform France’s punitive juvenile justice system into a profoundly therapeutic one. Vichy-era legislation thus formed the foundation of the modern juvenile justice system in France, which rarely incarcerates delinquent youth.

In her examination of the critical but unexpected role the war and the authoritarian Vichy regime played in the transformation of France’s juvenile courts and institutions, Fishman has enriched our knowledge of daily life in France during World War II, refined our understanding of Vichy’s place in the historical development of France, and provided valuable insights into contemporary debates on juvenile justice.

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By Their Fruits
Eugenics, Population Control, and the Abortion Campaign
Ann FARMER
Catholic University of America Press, 2008
Though controversial in subject, By Their Fruits presents an important examination of not only the history of abortion legislation but also the history and impact of the Eugenics movement.
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Changing Lives
Delinquency Prevention as Crime-Control Policy
Peter W. Greenwood
University of Chicago Press, 2005
One of the most astonishing aspects of juvenile crime is how little is known about the impact of the policies and programs put in place to fight it. The most commonly used strategies and programs for combating juvenile delinquency problems primarily rely on intuition and fads. Fortunately, as a result of the promising new research documented in Changing Lives, these deficiencies in our juvenile justice system might quickly be remedied.

Peter W. Greenwood here demonstrates here that as crimes rates have fallen, researchers have identified more connections between specific risk factors and criminal behavior, while program developers have discovered a wide array of innovative interventions. The result of all this activity, he reveals, has been the revelation of a few prevention models that reduce crime much more cost-effectively than popular approaches such as tougher sentencing, D.A.R.E., boot camps, and "scared straight" programs. Changing Lives expertly presents the most promising of these prevention programs, their histories, the quality of evidence to support their effectiveness, the public policy programs involved in bringing them into wider use, and the potential for investments and developmental research to increase the range and quality of programs.
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The Child before the Court
Judgment, Citizenship, and the Constitution
Timothy Barouch
University of Alabama Press, 2021
A study that challenges our notions about citizenship and judgment by considering the place of children in historical and contemporary legal discourse

Many of the most controversial political issues of our time focus on the actions and well-being of children such as Greta Thunberg’s climate movement; youth activists standing up for racial justice, safe schools, and an equitable economy; and the furor over separating migrant children from their families. When do we treat children as competent citizens, when do we treat them as dependents in need of protection, and why?
 
The Child before the Court: Judgment, Citizenship, and the Constitution provides answers to these foundational questions. It analyzes landmark US Supreme Court cases involving children’s free speech and due process rights and argues that our ideas about civic and legal judgment are deeply contested concepts instead of simple character traits. These cases serve as analytic touchstones for these problems, and the Court’s opinions seemingly articulate clear rules through a pragmatic balancing of interests.
 
Timothy Barouch shows how these cases continually reshape constitutional thought, breaking from a vocabulary of wardship and recasting the child as a liberal individual. He analyzes these legal opinions as judicial novelizations and focuses on their rhetorical markers: the range of tropes, idioms, figures, and arguments that emerge across nearly two centuries of jurisprudence in this important but oft-neglected area. The careful and subtle readings of these cases demonstrate how judicial representations of the child provide key resources for thinking about the child as citizen and, more broadly, citizenship itself. It serves as a bold call to think through the relationship between the liberal individual and the problem of civic judgment as it manifests in public culture in a wide array of contexts at a time when liberal democracy is under siege.
 
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Children and Transitional Justice
Truth-Telling, Accountability and Reconciliation
Sharanjeet Parmar
Harvard University Press

Children are increasingly a focus of international and national courts and truth commissions. Their participation, including through testimony that bears witness to their experiences, demonstrates their critical role in truth, justice, and reconciliation processes. If children are to engage, however, their rights must be respected.

This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa. It also explores key areas of current debates among legal scholars and child rights advocates, such as international criminal responsibility, traditional and restorative justice, reparations, psychosocial support for child witnesses, and links between education and reconciliation.

The book emphasizes how children must be engaged during post-conflict transition. If children are excluded, they may become vulnerable to a continuing cycle of violence, affecting future generations. In contrast, through active involvement in transitions, children and adolescents can be the catalysts for justice, reconciliation, and peace-building within their own families and communities.

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The Future of Child Protection
How to Break the Cycle of Abuse and Neglect
Jane Waldfogel
Harvard University Press, 1998

Lisa Steinberg. Elisa Izquierdo. Lance Helms. These are just a few of the names drawn from recent headlines, revealing cases of horrendous child abuse and neglect. Such cases have led to a crisis of confidence in the current child protective services (CPS) system, and to frequent calls for reform.

The public is right to be concerned, shows Jane Waldfogel, but many perceptions of the CPS system and the problems it is designed to alleviate are inaccurate. This book goes beyond the headlines, using historical, comparative, and specific case data to formulate a new approach to protecting children.

Currently, Waldfogel argues, the CPS system is overwhelmed by referrals. As a result, neither high-risk nor low-risk families are adequately served.

Waldfogel examines the underlying assumptions of CPS, compares the U.S. record with those of Britain, Canada, and Australia, and offers a "new paradigm" in which CPS joins with other public and private partners to provide a differential response to the broad range of children in need of protection. She highlights reforms underway in several states and in Britain.

This book's analytical clarity and straightforward policy recommendations will make it mandatory reading for policymakers, practitioners, and others interested in the future of child protection.

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Pitiful Plaintiffs
Child Welfare Litigation and the Federal Courts
Susan Gluck Mezey
University of Pittsburgh Press, 2000

Focusing on a class action lawsuit against the Illinois child welfare system (B. H. v. Johnson), Pitiful Plaintiffs examines the role of the federal courts in the child welfare policymaking process and the extent to which litigation can achieve the goal of reforming child welfare systems. 

Beginning in the 1970s, children’s advocates asked the federal courts to intervene in the child welfare policymaking process. Their weapons were, for the most part, class action suits that sought widespread reform of child welfare systems. This book is about the tens of thousands of abused and neglected children in the United States who enlisted the help of the federal courts to compel state and local governments to fulfill their obligations to them. Based on a variety of sources, the core of the research consists of in-depth, open-ended interviews with individuals involved in the Illinois child welfare system, particularly those engaged in the litigation process, including attorneys, public officials, members of children’s advocacy groups, and federal court judges. The interviews were supplemented with information from legal documents, government reports and publications, national and local news reports, and scholarly writings. Despite the proliferation of child welfare lawsuits and the increasingly important role of the federal judiciary in child welfare policymaking, structural reform litigation against child welfare systems has received scant scholarly attention from a political science or public policy perspective. Mezey’s comprehensive study will be of interest to political scientists and public policy analysts, as well as anyone involved in social justice and child welfare.

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Refining Child Pornography Law
Crime, Language, and Social Consequences
Edited by Carissa Byrne Hessick
University of Michigan Press, 2016
The legal definition of child pornography is, at best, unclear. In part because of this ambiguity and in part because of the nature of the crime itself, the prosecution and sentencing of perpetrators, the protection of and restitution for victims, and the means for preventing repeat offenses are deeply controversial. In Refining Child Pornography Law, experts in law, sociology, and social work examine child pornography law and its consequences in an effort to clarify the questions and begin to formulate answers. Focusing on the roles of language and crime definition, the contributors discuss the increasing visibility child pornography plays in the national conversation about child safety, and present a range of views regarding the punishment of those who produce, distribute, and possess materials that may be considered child pornography.
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The Rights of the Defenseless
Protecting Animals and Children in Gilded Age America
Susan J. Pearson
University of Chicago Press, 2011

In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the Defenseless, Susan J. Pearson seeks to understand the institutional, cultural, legal, and political significance of the perceived bond between these two kinds of helpless creatures, and the attempts made to protect them.

Unlike many of today’s humane organizations, those Pearson follows were delegated police powers to make arrests and bring cases of cruelty to animals and children before local magistrates. Those whom they prosecuted were subject to fines, jail time, and the removal of either animal or child from their possession. Pearson explores the limits of and motivation behind this power and argues that while these reformers claimed nothing more than sympathy with the helpless and a desire to protect their rights, they turned “cruelty” into a social problem, stretched government resources, and expanded the state through private associations. The first book to explore these dual organizations and their storied history, The Rights of the Defenseless will appeal broadly to reform-minded historians and social theorists alike.

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Upon the Altar of Work
Child Labor and the Rise of a New American Sectionalism
Betsy Wood
University of Illinois Press, 2020
Rooted in the crisis over slavery, disagreements about child labor broke down along sectional lines between the North and South. For decades after emancipation, the child labor issue shaped how Northerners and Southerners defined fundamental concepts of American life such as work, freedom, the market, and the state.

Betsy Wood examines the evolution of ideas about child labor and the on-the-ground politics of the issue against the backdrop of broad developments related to slavery and emancipation, industrial capitalism, moral and social reform, and American politics and religion. Wood explains how the decades-long battle over child labor created enduring political and ideological divisions within capitalist society that divided the gatekeepers of modernity from the cultural warriors who opposed them. Tracing the ideological origins and the politics of the child labor battle over the course of eighty years, this book tells the story of how child labor debates bequeathed an enduring legacy of sectionalist conflict to modern American capitalist society.

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What's Wrong with Children's Rights
Martin Guggenheim
Harvard University Press, 2007

"Children's rights": the phrase has been a legal battle cry for twenty-five years. But as this provocative book by a nationally renowned expert on children's legal standing argues, it is neither possible nor desirable to isolate children from the interests of their parents, or those of society as a whole.

From foster care to adoption to visitation rights and beyond, Martin Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that "children's rights" can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak. More important, this book suggests that children's interests are not the only ones or the primary ones to which adults should attend, and that a "best interests of the child" standard often fails as a meaningful test for determining how best to decide disputes about children.

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