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| NCJ Number:
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NCJ 056319
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| Title:
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HISTORICAL OVERVIEW (FROM ABUSED AND NEGLECTED CHILD MULTI-DISCIPLINARY COURT PRACTICE, 1978, BY DOUGLAS J BESHAROV ET AL - SEE NCJ-56313)
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| Author(s):
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S GOTHARD
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| Corporate Author:
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Practicing Law Institute
United States
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| Publication Date:
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1978 |
| Pages:
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15 |
| Type:
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Histories/historical perspectives |
| Origin:
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United States |
| Language:
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English |
| Annotation:
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THIS OUTLINE FROM THE ATTORNEYS' HANDBOOK ON CHILD ABUSE TRACES THE DEVELOPMENT OF SOCIETIES' ATTITUDES AND TREATMENT OF CHILDREN. STATUTES AND JUDICIAL DECISIONS WHICH REFLECT THOSE ATTITUDES ARE LISTED. |
| Abstract:
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INFANTICIDE, RITUAL SACRIFICE, AND CHILD ABANDONMENT LOGICALLY FOLLOW FROM THE INHUMANE ATTITUDES OF ANTIQUITY. THE ARISTOTELIAN PERCEPTION OF CHILDREN AS PROPERTY OF PARENTS, AND THE ROMAN LAW FORBIDDING THE RAISING OF DEFORMED CHILDREN MANIFESTED THEMSELVES IN THE SLAUGHTER AND SALE OF INFANTS. HEAD BINDING AND SWADDLING WERE COMMON PRACTICES. EVERY PERIOD IN WESTERN HISTORY SAW THE IMPROVEMENT IN CHILD DISCIPLINING, WITH THE EXTENT OF PHYSICAL PUNISHMENT IN DECLINE. THE PURITAN VIEW OF CHILDREN POSSESSING THE SAME DEPRAVITIES AS ADULTS JUSTIFIED THE INFLICTION OF ADULT PUNISHMENT UPON CHILDREN, BUT PROVIDED FOR EARLY FORMS OF DUE PROCESS AND MITIGATION. CHILD PROTECTIVE SERVICES BEGAN IN THE LATE 19TH CENTURY IN NEW YORK, BUT ONLY AFTER THE APPLICATION OF ANIMAL PROTECTION LAWS TO ABUSED CHILDREN. THE JUDICIAL CONCEPT OF THE STATE AS ACTING IN THE CAPACITY OF PARENT PERMITTED THE COURTS TO DO WHAT WAS IN THE CHILD'S BEST INTERESTS. THE DEVELOPMENT OF JUVENILE COURTS AND PROTECTIVE SERVICES ALSO PERMITTED THE EMERGENCE OF CONSTITUTIONAL GUARANTEES FOR THE RIGHTS OF CHILDREN AND PARENTS. THE RIGHT TO TREATMENT, RIGHT TO COUNSEL, AND RIGHT TO PROTECTION ARE TRACED IN THEIR DEVELOPMENT FROM CASE LAW. CASE CITATIONS ARE PROVIDED. (TWK) |
| Index Term(s):
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Child abuse ; Socioculture ; Juvenile dependency and neglect ; Juvenile courts ; Child protection services ; Child abuse causes |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=56319
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not available online, a link to the publisher's web site is provided.
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