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Children as Property: Hindsight and Foresight

Published online by Cambridge University Press:  28 February 2024

Frank Bates LLM.*
Affiliation:
University of Newcastle (N.S.W.)

Extract

Peter had heard there were in London then, -Still have they being? - workhouse - clearing men Who, undisturbed by feelings just or kind, Would parish-boys to needy tradesmen bind: They in their want a trifling sum would take And toiling slaves of piteous orphans make

(George Crabbe, ‘The Poor of the Borough: Peter Grimes’ Letter 22, The Borough, 1812)

Although these well-known lines from George Crabbe's poem The Borough, refer to the practice of workhouses, in essence, selling children (a similar instance, may of course, be found in Oliver Twist by Charles Dickens), it is equally clear that the practice was not confined to the workhouse. Although the workhouse may have been the ultimate Victorian method of dealing with poverty and certain types of dysfunctional family (Henriques, 1979), there can equally be no doubt that the practice was not thereto restricted. It is the purpose of this article to consider, albeit briefly, the more obvious manifestations of children as property in Nineteenth Century social history and to inquire as to how far those attitudes are still pertinent to Anglo-Australian law.

Type
Research Article
Copyright
Copyright © Cambridge University Press 1988

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References

Henriques, U.R.Q. Before the Welfare State: Social Administration in Early Industrial Britain (Longman 1979)Google Scholar
Pearsall, P. Night's Black Angels: The Forms and Faces of Victorian Cruelty (McKay, 1975)Google Scholar
Stone, O.M.Hard Cases and New Law for Children in England and Wales’ (1984) 8 Family Law Quarterly 351.Google Scholar
Howells, J.G. Remember Maria (Butterworth, 1974)Google Scholar
Glyn, A. The Blood of a Britishman (Hutchinson, 1970)Google Scholar
Altick, R.D. Victorian People and Ideas (Norton, 1973)Google Scholar
Hafen, B.C.Children's Liberation and the New Egalitarianism: Some Reservations About Abandoning Youth to Their ‘Rights’(1) [1976] Brigham Young University Law Review 605 Google Scholar
Posner, R. Economic Analysis of Law (Little, Brown, 2nd Ed. 1977)Google Scholar
Bates, F. An Introduction to Family Law (Law Book Co. 1987)Google Scholar
Tenekoon, P.The Meaning of Family Property Under the Family Law Act’ in Property and Finance in Family Law (A.N.U. Press, 1981 Ed. Finlay and Bailey) 52.Google Scholar
Bates, F.Degrees and Professional Licenses as Part of the Family Fortune: A U.S. Warning’ (1986) 60 Law Institute Journal 1335 Google Scholar
Pound, R. An Introduction to the Philosophy of Law (Harvard Rev. Ed. 1954)Google Scholar
Bates, F.Does the Family Have Legal Functions?’ (1979) 1 Canadian Journal of Family Law 125.Google Scholar
Dickey, A.The Nation of “Family” in law” (1982) 14 University of Western Australia Law Review 417 Google Scholar
Bell, D. The End of Ideology (the Free Press, 1962)Google Scholar
Glendon, M. A. The New Family and the New Property (Butterworth, 1981)Google Scholar
Reich, C.The New Property’ (1964) 73 Yale Law Journal 733 CrossRefGoogle Scholar
Hall, J.C.The Waning of Parental Rights’ (1972) 31B Cambridge Law Journal 248 CrossRefGoogle Scholar
Bates, F.Redefining the Parent-Child Relationship: A Blueprint’ (1972) 12 University of Western Australia Law Review 248 Google Scholar
Dias, R.W.M and Markesinis, B.S. Tort Law (Oxford, 1984)Google Scholar
Dias, R.W.M and Markesinis, B.S. The English Law of Torts: A Comparative Introduction Bruylant, (1976)Google Scholar
Weir, T. A Casebook on Tort (Sweet and Maxwell, 5th Ed. 1983)Google Scholar
Tribe, L.H. American Constitutional Law (Foundation, 1978, with 1979 supplement)Google Scholar
Hafen, B.C.Puberty, Privacy and Protection: The Risks of Children's “Rights” (1979) 63 American Bar Association Journal 1383 Google Scholar
Jacobson, U.The Child-Parent Relationship’ (1979) 224 Current Sweden 8.Google Scholar
Karst, K.The Freedom of Intimate Association’ (1979) 89 Yale Law Journal 624 CrossRefGoogle Scholar
Oates, K. Child Abuse and Neglect: What Happens Eventually? (Butterworth, 1985)Google Scholar
Briggs, F. Child Sexual Abuse: Confronting the Problem (Pitman, 1986)Google Scholar
Dingwall, R., Eekelaar, J, and Murray, T. The Protection of Children: State Intervention and Family Life (Blackwell, 1983)Google Scholar
Watson, W.A.J. The Nature of Law (Edinburgh, 1977)Google Scholar
Parsons, T. and Bales, R.F. Family: Socialization and Interaction Process (Routledge and Kegen Paul, (1956)Google Scholar
Bates, F.Joint Custody in Australian Law: A Broad Perspective (1983) 57 Australian Law Journal 343 Google Scholar
Lehman, G.Legal Craftsmanship in Custody Cases or a Joint Custody Presumption’ (1984) 14 Melbourne University Law Review 442 Google Scholar
Goodman, E.The Relevance of Religion in Custody Adjudication’ (1981) Monash University Law Review 217 Google Scholar
Eekelaar, J.M.The Emergence of Children's Rights’ (1986)6 Oxford Journal of Legal Studies 161 CrossRefGoogle Scholar
De Cruz, S.P.Parents, Doctors and Children: The Gillick Case and Beyond’ (1987) Journal of Social Welfare Law 93 CrossRefGoogle ScholarPubMed
Goodrich, P. Reading the Law: A Critical Introduction to Legal Method and Techniques (Blackwell, 1986).Google Scholar
Berman, H. J. The Interaction of Law and Religion (Abingdon Press, 1974).CrossRefGoogle Scholar
Green, D.The Changing Australian Scheme -Challenges to Assumptions and Practices’ in Proceedings of Third Australian Conference on Adoption (1982) 31 Google Scholar
Samuels, A.Adoption' The Social, Professional and Legal trends’ (1982)12 Family Law 186 Google Scholar
9th Congress. 1st Session, Sub committee on Children and Youth, committee on Labour and Public Welfare, U.S. Senate, Foster Care and Adoptions: Some Key Issues (1975)Google Scholar
Hayek, F.A. Individualism and Economic Order (Routledge and Kegan Paul, 1952)Google Scholar
Friedmann, M and R. Freedom to Choose: A Personal Statement (Mc Millan, 1980)Google Scholar
Finnis, J.M. Natural Law and Natural Rights (Oxford, 1980)Google Scholar
Detmold, M.J. The Unity of Law and Morality: A Reflection of Legal Positivism (Routledge and Kegan Paul, 1984)Google Scholar
Hoggett, B.M. and Pearl, D.S. The Family, Law and Society: Cases and Materials (Butterworth, 2nd Ed. 1987)Google Scholar
Witmer, G., et al Independent Adoption - A Follow-up Study (1963)Google Scholar
Fortin, J.E.S.Legal Protection For the Unborn Child’ (1988) 51 Modern Law Review 54.CrossRefGoogle Scholar
Bates, F.Comparative Common Law: A Justification’ (1982)14 Comparative and International Law Journal of Southern Africa 259.Google Scholar
Kovacs, D.Getting Blood Out of Stones: Problems in the Enforcement of Maintenance Orders in Magistrate Courts’. (1974) 1 Monash University Law Review 67 Google Scholar
Eekelaar, J. and Maclean, , Maintenance After Divorce (Oxford, 1986)Google Scholar