RB 56

Summary Upbringing and Punishment. Studies on the Swedish Reformatory Acts 1902 This thesis deals with the question of howsociety should respond when juveniles commit crimes. The subject is, more specifically, the background of the Swedish Reformatory Acts of 1902 which gave the courts power to substitute a short sentence with indeterminate committal to care at an institution (borstal) in the case of juvenile transgressors between the ages of 15 and 18 years. By the same legislation municipal Child Welfare Boards (Sw. barnavårdsnämnder) were established with the function of monitoring upbringing in the individual family and with the ultimate power to take children under 15 years into compulsory care in cases where the child was in such need of special upbringing that the “public” should adopt the position of parents, in locoparentis. The 1902 Reformatory Acts may be seen as a decisive starting point in the history of legislative development for our contemporary legal-political problems in relation to dealing with juvenile offenders. This has been described as a (converse) competition between correctional care and social care, an ideological confusion between punitive considerations and ambitions concerning treatment and a continual uncertainty concerning whether the prime responsibility for important care institutions should lie with the state or wdth the county councils and municipalities. The results of the analysis may thrownewlight on the historical formation of legal theory but will also hopefully be of value in connection with the preparation of newlaws in the field. Three central issues are the extent to which the 1902 Reformatory Acts may be considered to be an expression of firstly, greater humanitarianism, secondly, increased concern relating to treatment under penal law and thirdly, expanding state intervention. Principal themes are the changes and continuity in Swedish law, and its internationalisation or isolation respectively. In particular the study examines two hypotheses which have been advanced in doctrine. One argues that the 1902 Reformatory Acts was, in origin and content, a product of the “sociological school” around the IKV(International Association of Griminal Law) whose leading figure was the German penal lawprofessor Franz von Liszt. This interpretation may be combined with another theory which describes the years 1890-1910 as “the progressive period”, when social and penal policy was enriched with completely new ideas; ideas including the proposi-

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