“The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven”. This quotation from Shakespeare’s Merchant of Venice was still used in the 1950’s as the motto of the Boston Juvenile Court. It tends to replace the traditional repressive function of the Law by an ideological ...
(Show more)“The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven”. This quotation from Shakespeare’s Merchant of Venice was still used in the 1950’s as the motto of the Boston Juvenile Court. It tends to replace the traditional repressive function of the Law by an ideological function expressed by love and compassion.
The ideology of mercy and child’s interest, modernized and more or less de-Christianized, ensures the smooth running of juvenile courts; it is combined with a dose of violence varying, in quantity and modes, from one country to another. While comparative history has been supplemented, for several years, by studies on Europe and Canada, almost nothing exists on the relationship between France and the United States. Thanks to newly discovered court records, it is possible to address the history of this new kind of justice, “neo-humanist” (J. Chazal, 1952), which achieves worldwide success in the twentieth century.
Given the magnitude of the task, the focus will be on the comparison of two dynamic and pioneering courts, Boston and Paris, during the 1940’s and 1950’s. These different elements will be analyzed: the paradigms and legal frameworks; the targeted populations; judgment and, more or less gentle, rehabilitation practices, which involve sciences producing “power-knowledge” (M. Foucault, 1975) about the delinquents, indicative of new ways of thinking and controlling.
(Show less)