Chapter I: Preface

During the latter half of the nineteenth century, the importance of child-protection gained a far wider recognition.

The nineteenth century has been well named “The Century of the Child.” But there are reasons no less cogent for describing this century as “The Century of Socialism,” or “The Century of Darwinism.”

The intimate interdependence of child-protection with Socialism and with Darwinism must on no account be overlooked. It was my own assurance of this twofold interdependence which led me to undertake the study of the whole system of child-protection from the joint outlook of Socialism and of Darwinism. This book is an investigation of all the problems involved by child-protection from the standpoints of the modern socialist movement and of modern social science.

My work makes no attempt to be either a “Philosophy of Child-Protection” or a “Handbook of Child-Protection.” For this reason it contains no definitions, it gives no history of child-protection, and attempts no detailed description of the institutions which exist for the purpose of child-protection in the various countries of the civilised world.

In view of the almost incalculable bulk of the materials available in this field of study, I have been forced to content myself with a brief indication of my opinions in the various departments, without endeavouring to go into details. Obviously, therefore, those in need of detailed information will not find it in this book. My aim has rather been to effect a lucid presentation of all the problems of child-protection, than to attempt myself to supply the solution of all these problems.

If I have been successful in formulating the main problems of my subject, and if at the same time my discussions and the data I have supplied, enable the reader to draw his own conclusions in each case, my aim has been adequately fulfilled.

CONTENTS

PAGE
PREFACE v

GENERAL PART

CHAPTER I

CERTAIN POPULATION PROBLEMS

Child-Protection and the Population Question--Fertility of the
Lower Classes--The Tendency of Evolution 1

CHAPTER II

STATISTICAL PROBLEMS OF POPULATION

Miscarriages, Premature Births, and Still-Births--Mortality--The
Productive Age and the Unproductive Age--Classification of the
Population according to Age--The Excess of Women--Marriage--
Illegitimate Sexual Relations 11

CHAPTER III

CHILD MORTALITY

Statistical Data--Certain Contributory Causes--The Chief Causes
of Infant Mortality--The Great Number of Children--Child
Mortality in the Towns--The Effect of Housing Conditions--The
Effect of Age--Time of Birth, Seasons, and Meteorological
Conditions 17

CHAPTER IV

THE QUALITY OF THE POPULATION; ARTIFICIAL SELECTION
(EUGENICS) AND EDUCATION

Natural Selection and Artificial Selection--The Interests of
the Future Generation--Inheritance and Education--Nature of
Education--Character of the Child--Limits of Educability--The
Aim of Education--Good Example--Confidence and Love--Reward
and Punishment--Education by the Parents--Education
in different Social Classes--Parents, School, Environment--The
Tendency of Evolution 25

CHAPTER V

PROS AND CONS OF CHILD-PROTECTION

Introductory--Objections to Child-Protection--Objections to the
Care of Foundlings--Darwinism _versus_ Poor-Relief--Darwinism
_versus_ Child-Protection--The Right View--Socialism _versus_
Poor-Relief--Socialism _versus_ Child-Protection--The Right View 42

CHAPTER VI

THE EXECUTIVE INSTRUMENTS OF CHILD-PROTECTION

Introductory--Local Governing Bodies--The Community at large--
The Central Government--A Unified System of Laws for
Child-Protection--A Centralised Authority for Child-Protection--
Private and Official Activities--The Medical Profession--Women 58

SPECIAL PART

_A._--Department of Civil Law and Individual Rights

CHAPTER I

MARRIAGE AND PARENTAL AUTHORITY

Introductory--Parental Authority and Marriage--History of
Marriage--Child-Protection and the Family--Maternal Authority--
Fiduciary Character of Parental Authority--The Elementary
Principles of State Interference with Parental Authority (the
State as “Over-Parent”) 71

CHAPTER II

MARRIAGE AND HEREDITY

Heredity in General--Inheritance of Diseases--Individual
Diseases--The Age of the Parents--The Marriage of Near Kin--
Disease in the Parents from the Legal Standpoint--Divorce--
Marriage-Prohibitions in Past Times--Proposed Reforms--
Objections--The Right View--How to Effect Reforms--The Tendency
of Evolution 77

CHAPTER III

THE PROTECTION OF ILLEGITIMATE CHILDREN

The Legal Position of the Illegitimate Child--Reasons for these
Legal Disabilities--Advantages and Disadvantages of Illegitimate
Birth--Abortion, Premature Birth, Still-Birth--Childbirth in
Unmarried Mothers--Causes of the Great Mortality of Illegitimate
Children--Criminality in the Illegitimate--Illegitimacy and
Prostitution--Occupation in Relation to Illegitimacy--The
Different Classes of the Illegitimate--Illegitimacy and
Child-Protection--The Tendency of Evolution--A Radical Reform 90

CHAPTER IV

LIMITED POWERS OF MINORS, AND GUARDIANSHIP

Limited Powers of Minors--The Tendency of Evolution--Nature of
Guardianship--Guardianship of Poor Children--Guardianship of
Illegitimate Children--The Defects of Individual Guardianship--
Nature of Official and Institutional Guardianship--Advantages
of Official and Institutional Guardianship--Objections to
Collective and Institutional Guardianship--These Objections
Answered--The Tendency of Evolution--Certain Civil Laws which
are of Importance in Relation to Child-Protection 106

_B._--Department of Local Administrative Activity

CHAPTER I

CHILD-PROTECTION BEFORE, DURING, AND IMMEDIATELY AFTER
BIRTH

Introductory--Before Birth--During Birth--After Birth--The
Insurance of Motherhood--The Tendency of Evolution 118

CHAPTER II

INFANT-LIFE PROTECTION

Introductory--Advantages of the Natural Feeding of Infants--
History of Artificial Feeding--Causes of the Failure to
Suckle--Wet-Nurses--Cow’s Milk--Other Methods of Artificial
Feeding--Institutional Care of Infants--The Crèche--Proposed
Reforms--Radical Solution of the Problem 125

CHAPTER III

THE CARE OF FOUNDLINGS, WET-NURSING, AND BABY-FARMING

Terminology--History of the Care of Foundlings--The Latin System
and the Germanic System--Some Modern Methods for the Care of
Foundlings--Foundling Hospitals, Wet-Nursing, and Baby Farms--
Institutional Care versus Family Care--Supervision of Family
Care--Subsidiary Aims of the Care of Foundlings--The Tendency
of Evolution 141

CHAPTER IV

WOMEN’S LABOUR AND CHILD-LABOUR

History of Child Labour--Diffusion of Child Labour--The Causes
of Child Labour--Women’s Labour--The Consequences of Child
Labour--The Consequences of Women’s Labour--Regulation of Child
Labour--Regulation of Women’s Labour--Reform of Apprenticeship--
Enforcement of such Regulations--Objections to the Protective
Regulation of the Labour of Women and Children--These Objections
Answered--Radical Solution of the Problem--The Tendency of
Evolution 155

CHAPTER V

THE PROTECTION OF CHILDREN AGAINST DISEASE

Introductory--The Health of Proletarian Children--Causes of
the Movement for the Protection of Proletarian Children--
Institutions--Country Holiday Funds and Open-air Schools--
Proposed Reforms--Need for Enlightenment--The Tendency of
Evolution 178

CHAPTER VI

THE PUBLIC ELEMENTARY SCHOOL

Importance of the Public Elementary School--Methods of
Instruction--The General Obligation of School Attendance--The
Purpose of the Elementary School--Instruction versus
Education--Moral Instruction--General Culture--Individuality--
Beauty--Knowledge--Science--Home-Work--The Exclusion of certain
Children--Rewards and Punishments--The Constitutional Element--
Parents and the School--Sexual Education--Religious and Moral
Instruction--Physical Education--Manual Training--Preparatory
Schools--Supervised Playgrounds for Children (_Kinderhorte_)--
Increasing Importance of the Public Elementary School--Feeding
of School Children--Care of Young Persons after they Leave
School--The Tendency of Evolution 185

_C._--Department of Criminal Law

CHAPTER I

CRIMINALITY IN YOUTH

Introductory--The Causes of Criminality in Youth--The Classical
Criminal Law--Gradual Transformation of the Classical Criminal
Law--Special Legislation dealing with Youthful Criminals--
Proposals bearing on the Question of Criminal Responsibility at
Different Ages--The Defects of our Present Penal Methods--The
Question of the Capacity for Understanding the Punishable
Character of Criminal Offences--The School--The Reprimand--
Flogging--The Conditional Sentence--The Indeterminate Sentence--
Should Punishment be rendered more Severe?--The Coercive
Reformatory Education of Youthful Criminals--Institutional
Education _versus_ Family Education--Testing Reform--The
Radical Solution of the Problem 217

CHAPTER II

PENAL METHODS

Conditions of To-day--Proposed Reforms--Penal Methods in the
United States of America 243

CHAPTER III

PROSTITUTION

The Causes of Prostitution--Prostitution and Child-Protection 249

CHAPTER IV

PUNISHABLE OFFENCES AGAINST CHILDREN

The Two Groups--Infanticide--Abortion--The Protection of
Feminine Chastity--Maltreatment of Children--Suggested Reforms 254

INDEX 271

ERRATUM

Page 65, line 6, _for_ “wet-nurses” _read_ “midwives.”

GENERAL PART