354 15 and 18 years. At the same time the state divested itself of responsibility for offenders under 15 years placing responsibility for this with the local communities without providing any guarantees for the provision of care resources. Important functions were transferred from the judicial penal systemto the municipal elite, whowere presupposed to have the personal knowledge which was required to ensure a purposeful upbringing. In the choice of the target group, means and authority they did not abstain formin applying solutions which in form and content had been introduced, and in certain cases already been abandoned, within the framework of an agrarian society relating to public order, safety and poor relief. Neither should the contradiction between the older view and the belief in treatment which was advanced within the IKVbe over emphasised. In the first place the 19th century “classical” penal law doctrine and legislation was not alien to the idea that punishment may be partly influenced by considerations relating to the perpetrator’s personality and social background and have objectives of reforming himinto a law abiding citizen. By the side of this “hiddenrelative” penal lawthere was also applied a dualistic systemwhich allowed the subjection of poor criminals possessing what was considered to be a dangerous social prognosis, with support of legal rules relating to public order and safety, to indeterminate compulsory labour immediately after release from the prison sentence served. The investigation shows that the legal history evolved as a result of a complicated process which was in many respects distinct fromcontemporary developments in various Western countries. The characteristic Swedish features in the 1902 Acts may therefore not be understood by a synchronised comparison with the philosophical and legislative history developments of other countries during the same period but must be related to the ways of thought and legislative development of much earlier epochs. The discussions of the 1890’s concerning the contradiction between a consistent penal systemand the ambitions for effective social planning, were fought on fronts drawn up during the 1840’s. Acentral problem for both phases was, however, the instance which should be in loco parentis, in the position of parents, and how the care should be organised and be paid for. The history of 19th century Swedish public law demonstrates a complex process of alternations between the central authorities and the local communities, between the penal system and compulsory care. The strict distinction between state and local community began in the 1890’s to develop into something which affected the whole of the Realm, with centralisation tending to coincide with increased regulation by parliament of municipal functions. Simultaneously several opportunities grewfor a differentiated penal law and the transfer of offenders who were considered to be in need of care, from the penal system to the welfare sector. The Reformatory Acts of 1902 were part of greater fundamental shifts in legal policy.
RkJQdWJsaXNoZXIy MjYyNDk=