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The Juvenile Court and Social Welfare: Dynamics of Progressive Reform

Published online by Cambridge University Press:  02 July 2024

Abstract

This analysis of the juvenile court movement is critical of both functionalist and social movement interpretations. Following Meyer and Rowan (1977) and Hagan et al. (1979), I suggest that the juvenile court was not a substantive reform but served primarily to extend conventional means of child-control through the legitimizing vocabulary of Progressivism. Descriptive analysis of state statutes shows the derivative, ambiguous nature of the juvenile court as a legal phenomenon. Dynamic analysis of the diffusion of juvenile court acts shows that neither functional need nor social movement influence provides a convincing explanation for the rapid institutionalization of the court.

Type
Research Article
Copyright
Copyright © 1985 by The Law and Society Association

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Footnotes

*

Thanks are due to several people who contributed to the analysis presented here, especially Terry Amburgey, Gary Hamilton, Michael Hannan, and John Meyer. Data analysis was supported through the NIMH Organizations Research Training Program, Department of Sociology, Stanford University. Richard O. Lempert and anonymous Law & Society reviewers contributed important suggestions for revising the original manuscript.

References

References

BATES, Helen Page (1905) “Digest of Statutes Relating to Juvenile Courts and Probation Systems,” 13 Charities 329.Google Scholar
BELDEN, Evelina (1920) Courts in the United States Hearing Children's Cases, U.S. Children's Bureau Publication 65. Washington, DC: U.S. Government Printing Office.Google Scholar
BOWMAN, Harold M. (1906) “American Administrative Tribunals,” 21 Political Science Quarterly 609.Google Scholar
CANON, Bradley C. and Lawrence, BAUM (1981) “Patterns of Adoption of Tort Law Innovations: An Application of Diffusion Theory to Judicial Doctrines,” 75 American Political Science Review 975.Google Scholar
CARROLL, Glenn R. and Jacques, DELACROIX (1982) “Organizational Mortality in the Newspaper Industries of Argentina and Ireland: An Ecological Approach,” 27 Administrative Science Quarterly 169.Google Scholar
DiMAGGIO, Paul and Walter, POWELL (1983) “The Iron Cage Revisited: Institutional Isomorphism and Collective Rationality in Organizational Fields,” 48 American Sociological Review 147.Google Scholar
DURKHEIM, Emile (1933) The Division of Labor in Society. New York: Free Press.Google Scholar
FLEXNER, Bernard and Roger N., BALDWIN (1914) Juvenile Courts and Probation. New York: Century.Google Scholar
deFOREST, Robert W. (1904) “The Federation of Organized Charities,” 12 Charities 16.Google Scholar
FOX, Sanford J. (1970) “Juvenile Justice Reform: An Historical Perspective,” 22 Stanford Law Review 1187.Google Scholar
FRIEDMAN, Lawrence M. and Jack, LADINSKY (1967) “Social Change and the Law of Industrial Accidents,” 67 Columbia Law Review 50.Google Scholar
GRAY, Virginia (1973) “Innovation in the States: A Diffusion Study,” 67 American Political Science Review 1174.Google Scholar
GRIFFIN, Stanley C. (1909) “Relative Functions of the State and Private Charities in Care of Dependent and Neglected Children,” PNCCC 55.Google Scholar
HAGAN, John, HEWITT, John D. and Duane F., ALWIN (1979) “Ceremonial Justice: Crime and Punishment in a Loosely Coupled System,” 58 Social Forces 506.Google Scholar
HART, Hastings H. (1906) “Report of Committee [on Children],” PNCCC 87.Google Scholar
HURLEY, Timothy D. (1903) “Development of the Juvenile Court Idea,” 11 Charities 423.Google Scholar
JAMES, Eldon R. (1913) “Some Implications of Remedial and Preventive Legislation in the United States,” 18 American Journal of Sociology 769.Google Scholar
KELLEY, Florence (1904) “Review of Ben B. Lindsey, The Problem of the Children and How the State of Colorado Cares For Them” 13 Charities 43.Google Scholar
KNOKE, David (1982) “The Spread of Municipal Reform: Temporal, Spatial, and Social Dynamics,” 87 American Journal of Sociology 1314.Google Scholar
LINDSEY, Benjamin B. (1903) “The Reformation of Juvenile Delinquents, Through the Juvenile Court,” PNCCC 206.Google Scholar
LINDSEY, Benjamin B. (1905) “Recent Progress of the Juvenile Court Movement,” PNCCC 150.Google Scholar
LINDSEY, Edward (1914) “The Juvenile Court Movement from a Lawyer's Standpoint,” 52 Annals of the American Academy of Political and Social Science 140.Google Scholar
LOU, Herbert H. (1927) Juvenile Courts in the United States. Chapel Hill: University of North Carolina Press.Google Scholar
MACK, Julian W. (1908) “Juvenile Courts as Part of the School System of the Country,” PNCCC 369.Google Scholar
MACK, Julian W. (1909) “The Juvenile Court,” 23 Harvard Law Review 104.Google Scholar
MACK, Julian W. (1912) “Legal Problems Involved in the Establishment of the Juvenile Court,” in Breckinridge, S.P. and Abbott, E. (eds.), The Delinquent Child and the Home. New York: Charities Publication Committee.Google Scholar
MAINE, Sir Henry (1917) Ancient Law. London: J.M. Dent.Google Scholar
MENNEL, Robert M. (1973) Thorns & Thistles: Juvenile Delinquents in the United States 1825-1940. Hanover, NH: University Press of New England.Google Scholar
MEYER, John W. and Brian, ROWAN (1977) “Institutionalized Organizations: Formal Structure as Myth and Ceremony,” 83 American Journal of Sociology 340.Google Scholar
MURPHY, J. Prentice (1929) “The Juvenile Court at the Bar,” 145 Annals of the American Academy of Political and Social Science 80.Google Scholar
NONET, Philippe (1969) Administrative Justice: Advocacy and Change in a Government Agency. New York: Russell Sage.Google Scholar
PARSONS, Talcott (1964) “Evolutionary Universals in Society,” 29 American Sociological Review 339.Google Scholar
PLATT, Anthony (1969) The Child Savers: The Invention of Delinquency. Chicago: University of Chicago Press.Google Scholar
POUND, Roscoe (1907) “Executive Justice,” 55 American Law Register 137.Google Scholar
POUND, Roscoe (1917) “The Limits of Effective Legal Action,” 27 International Journal of Ethics 150.Google Scholar
RAMSEY, Annie (1906) “Work of the Probation Officer Preliminary to the Trial,” PNCCC 132.Google Scholar
RICHMOND, Mary E. (1901a) “Charitable Co-Operation,” PNCCC 298.Google Scholar
RICHMOND, Mary E. (1901b) “The Message of the Associated Charities,” PNCCC 327.Google Scholar
ROTHMAN, David J. (1980) Conscience and Convenience: The Asylum and its Alternatives in Progressive America. Boston: Little, Brown.Google Scholar
SCHIESL, Martin J. (1977) The Politics of Efficiency: Municipal Administration and Reform in America, 1800-1920. Berkeley: University of California Press.Google Scholar
SCHOFF, Hannah Kent (1903) “Pennsylvania's Unfortunate Children: What the State is Doing for Them,” 11 Charities 425.Google Scholar
SCHWARTZ, Richard D. and James C., MILLER (1964) “Legal Evolution and Societal Complexity,” 70 American Journal of Sociology 159.Google Scholar
SMITH, Jeremiah (1914) “Sequel to Workmen's Compensation Acts,” 27 Harvard Law Review 235, 344.CrossRefGoogle Scholar
STUBBS, George W. (1904) “The Mission of the Juvenile Court,” PNCCC 350.Google Scholar
SUTTON, John R. (1983) “Social Structure, Institutions, and the Legal Status of Children in the United States,” 88 American Journal of Sociology 915.Google Scholar
TUMA, Nancy Brandon, HANNAN, Michael T. and Lyle P., GROENVELD (1979) “Dynamic Analysis of Event Histories,” 84 American Journal of Sociology 820.Google Scholar
TURNER, Jonathan H. (1980) “Legal System Evolution: An Analytical Model,” in Evan, W.M. (ed.), The Sociology of Law: A Social-Structural Perspective. New York: Free Press.Google Scholar
U.S. BUREAU OF THE CENSUS (1904a) Abstract of the Twelfth Census of the U.S., 1900. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1904b) Special Reports: Occupations at the Twelfth Census. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1907) Special Reports: Prisoners and Juvenile Delinquents in Institutions, 1904. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1913) Thirteenth Census of the U.S., Abstract of the Census. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1914) Thirteenth Census of the U.S., Vol. IV, Population 1910: Occupation Statistics. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1915) Wealth, Debt, and Taxation 1913, Vol. II. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1918) Prisoners and Juvenile Delinquents in the U.S., 1910. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1923a) Abstract of the Fourteenth Census of the U.S. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1923b) Fourteenth Census of the U.S., Vol. IV, Population 1920: Occupations. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1924) Financial Statistics of States, 1922. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1927) Children Under Institutional Care, 1923. Washington, DC: U.S. Government Printing Office.Google Scholar
U.S. BUREAU OF THE CENSUS (1933) Abstract of the Fifteenth Census of the U.S. Washington, DC: U.S. Government Printing Office.Google Scholar
VOLLMER, August (1923) “Predelinquency,” 14 Journal of Criminal Law and Criminology 279.Google Scholar
WALKER, Jack L. (1969) “The Diffusion of Innovations Among the American States,” 63 American Political Science Review 880.Google Scholar
WEBER, Max (1978) Economy and Society: An Outline of Interpretive Sociology, 2 Vols. Berkeley: University of California Press.Google Scholar
WIEBE, Robert H. (1967) The Search for Order, 1877-1920. New York: Hill and Wang.Google Scholar

Cases Cited

Angelo v. People, 96 Ill. 209 (1880).Google Scholar
Ex parte Becknell, 51 P. 692 (California, 1897).Google Scholar
Ex parte Crouse, 4 Whart. 9 (1838).Google Scholar
People ex rel. O'Connell v. Turner, 55 Ill. 280 (1870).Google Scholar
State ex rel. Cunningham v. Ray, 63 N.H. 406 (1885).Google Scholar

Session Laws Cited

1911 Ark. Acts, no. 215, § 11.Google Scholar
1903 Cal. Stats., ch. 43, § 2.Google Scholar
1903 Colo. Sess. Laws 101, § 6.Google Scholar
1899 Ill. Laws 131.Google Scholar
1904 Iowa Acts, ch. 11, § 12.Google Scholar
1902 La. Acts, no. 136.Google Scholar
1903 Minn. Laws, ch. 387.Google Scholar
1905 Minn. Laws, ch. 285.Google Scholar
1902 Ohio Laws, § 1.Google Scholar
1905 Or. Laws, ch. 80, §§ 1, 3.Google Scholar