349 The supervision of the master of the house was also partially substituted by “inner” responsibility. The revision of the system of rules reflected a long term tendency to transfer the prerequisite for taking compulsory measures from considerations related to status (that is to say unemployment, poverty or moving beyond the municipal boundary) to anti-social behaviour (criminality, begging, drunkenness and other bad behavioural habits). The price for the greater freedom of movement of individuals was that they were themselves supposed to assume a conscientious responsibility for their own situation. The border between punishment and measures for social protection was however theoretical and organisationally unclear. The contradiction between a consistent penal system and society’s need for social protection or purposeful treatment was discussed in particular in connection with juvenile offenders. For themimprisonment could on the one hand be viewed as a just discomfort but on the other hand a social devastation. In other parts of Europe many paths were paved during the 19th century moving away from punishment and towards care. Punishment was reduced with regard to the fact that juveniles generally had less guilt to relieve anti were worthy of greater tolerance than fully grown persons. Within the framework of a justly delivered punishment of imprisonment special reformatory measures were laid down. In further support of such measures the offender after serving his punishment was subjected to more compulsion. Such measures ineluded, inter alia, police monitoring, restricted freedom of movement, confinement to the parish, compulsory labour or other confinement. The punishment could be remitted by extraordinary means, in the first place by Royal pardon. An important ideological step in penal law was taken when conditional sentences were introduced at the legal level at the end of the 19th century. Private reformatory homes were established in a great number of European countries from the 1830’s and were subsequently recognised by legislation, which regulated the prerequisites for measures, and by the grant of economic support. The institutions were soc^n expanded for the criminally competent, responsible transgressors, who were thus transferred fromthe system of execution under the penal system to the indeterminate institutional care. Fromthe mid-1830’s Western legal systems began to clarify the prerequisites for criminal competency first by raising the unconditional age limits. At the turn of the 19th century attention was focused on moral maturity by the side of intellectual considerations and on the individuals powers to suppress impulses, withstand temptation and postpone reward. To summarise, the tendency in Europe generally was that various forms of differentiated care should replace punishment for young transgressors which inter alia was made possible by the concept of childhood being raised in years. The child care measures in this way came to overlap with the penal law measures. an
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