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- Title
Právněhistorický význam trestní politiky státu v oblasti chudoby pro zrod moderního systému veřejnoprávní ochrany dětí.
- Authors
Sležková, Anna
- Abstract
The article presents a legal-historical study on the birth of the modern system of public protection of the child with public authorities endowed with authoritative powers over children and their families in the name of child protection. It seeks to defend the proposition that the modern system of public protection of the child is far closer to the criminal policy of the State than to the protection of the human rights and freedoms of the child. It points out that the roots of this system are strongly linked to the state's penal policy to combat poverty in its most pressing manifestations of begging and vagrancy, and as a result, the system still carries a significant disciplinary burden. The article is based on historical legislative, doctrinal, and journalistic sources. Its theoretical framework is given by the work of the French philosopher Michel Foucault, a leading critic of modernity, bringing such concepts as "disciplinary society", "pastoral power", or "illegalisms". The article is divided into three thematic sections: the first dealing with socio-legal changes in the late 18th and throughout the 19th century, with an emphasis on their implications for the area of care for the poor; the second focusing on the penal regulation of poverty and its evolution during the 19th century; and the third presenting the legal mechanisms that made it possible to transpose both objectives and instruments of criminal policy into the private law. The article's conclusion briefly outlines the starting points on which we should focus if we want to rid the system of public protection of the child of both its disciplinary nature and impact.
- Subjects
CHILD welfare; CHILDREN'S rights; PERSONAL names; CRIMINAL justice policy; NINETEENTH century; PASTORAL societies; MODERNITY
- Publication
Pravnik, 2022, Vol 161, Issue 3, p241
- ISSN
0231-6625
- Publication type
Article