Notes

1. . Edmund Cahn, Confronting Injustice (Boston: Little, Brown, 1962), frontispiece.
2. . A review of Morris Kline's Why Johnny Can't Add: The Failure of the New Math (New York: St. Martin's Press, 1973) reflects this Panglossian tendency in the American sixties and seventies in related areas dealing with the education of the young: “This is an important book. Its significance goes far beyond its immediate topic. Rather it raises the broader issue of how, in field after field in American life, there come to be sudden fixations on supposed panaceas for perceived problems. All too often, however, these panaceas turn out to have unforeseen consequences as bad as or worse than the original difficulties that triggered their adoption” (Harry Schwartz, “Dethroning the New Math.” New York Times, July 20, 1973, p. 29). The panaceas proposed by lawyers for the juvenile justice morass have often generated paradoxes of a similar order, as will be shown in the course of this discussion.
3. . As quoted in Negley K. Teeters and John O. Reinemann, The Challenge of Delinquency: Causation, Treatment, and Prevention of Juvenile Delinquency (Englewood Cliffs, N.J.: Prentice‐Hall, Inc., 1950), p. 65.
4. . Labine v. Vincent, 401 U.S. 532 (1971).
5. . Stanley v. Illinois, 405 U.S. 645 (1972).
6. . Lisa A. Richette, The Throwaway Children (New York: J. B. Lippincott Co., 1969); Charles L. Brace, The Dangerous Classes of New York (New York: Patterson Smith, 1880), pp. 14–21.
7. . Parish orphanages existed during early centuries of the Christian era; foundling homes and orphanages arose at Treves and Angers in the sixth and seventh centuries. In the twelfth century the first Children's Aid Society was organized at Montpellier, and became a trans‐European movement (Teeters and Reinemann, p. 43).
8. . Teeters and Reinemann, p. 69.
9. . See Richette, chaps. 15–16. Arthur Koestler (Reflections on Hanging [London: Gollancz, Ltd., 1956]) provides the most documented and graphic survey of the progenitive criminal justice system in whose grip we still remain, in large measure.
10. . For a detailed description of the medieval doctrines of the Ages of Man, see Philippe Aries, Centuries of Childhood (New York: Alfred A. Knopf, 1962), pp. 21–22.
11. . Harold D. Lasswell and George H. Dession, in their collaborative years at the Yale Law School, developed a theory of sanction imposition as a value statement as well as a value imposition which I find profoundly useful to an understanding of legal history and theory. For legal materials organized under this approach, see Dession, Criminal Law, Administration and Public Order (Charlottesville, Va.: Michie Casebook Corp., 1948).
12. . Teeters and Reinemann (n. 3 above), pp. 44–45.
13. . Jean Genet, The Thief's Journal (New York: Grove Press, 1964), p. 220.
14. . Teeters and Reinemann, pp. 76–77.
15. . Richette (n. 6 above), pp. 288–97.
16. . For a contemporary catalogue of dehumanization in a hospital for exceptional children, see Wyatt v. Stickney, 344 F. suppl. 373 (1972), where Chief Judge Johnson sets down, as part of the judicial relief granted, minimal human conditions to be maintained.
17. . For a compilation of a documented New York Times series on conditions at Willowbrook, see Gerald Rivera, Willowbrook (New York: Vintage Books, 1972).
18. . For a comprehensive and lucid symposium of Cahn's thought, see Confronting Injustice (n. 1 above).
19. . Richette (n. 6 above), p. 302.
20. . Cahn, p. 7.
21. . See Larry L. Simms, “The Courts, the Constitution, and Juvenile Institution Reform.” Boston University Law Review 52(1972):33–63.
22. . Daniel Berrigan and Robert Coles, The Geography of Faith (Boston: Beacon Press, 1971), p. 77.
23. . Dietrich Bonhoeffer, Letters and Papers from Prison (New York: Macmillan Co., 1953), pp. 61–62; italics added.
24. . Erik H. Erikson, Childhood and Society (New York: W. W. Norton & Co 1950), pp. 417–18.
25. . Ibid., p. 419.
26. . James Michener, “Is America Burning?” New York Times Magazine, July 1, 1973, pp. 10–11.
27. . Bonhoeffer, p. 27.