‘Commonsense tribunals for erring little folks’: Children’s Courts Legislation in Australia - 1895 to 1907
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Abstract
Between 1895 and 1907 the majority of Australian states enacted legislation to create a children’s court within their respective criminal justice systems. The creation of a distinct space—both metaphorical and literal—for the administration of juvenile justice represented a significant reform of the criminal justice process. It is one that remains relatively unexplored by legal history scholars, particularly in the Australian scholarship. The objective of this article is to examine the specific legislation that created these courts in each state in Australia. How did states approach the task of drafting such legislation? What issues did they want to address? How did they draft the legislation in order to address these issues? The analysis of these statutes highlights the complexities associated with juvenile justice. The different approaches to this legislation demonstrate the complicated and conflicted attitudes towards children and juvenile justice that existed at the time.
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Limina: a journal of historical and cultural studies
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22
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2
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© 2017 Limina. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
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Criminology
Cultural studies
Historical studies
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Blewer, R, Commonsense tribunals for erring little folks: Children’s Courts Legislation in Australia - 1895 to 1907, Limina: a journal of historical and cultural studies, 2017, 22 (2), pp. 69-84