The "Public Child" and the Reluctant State?

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The "Public Child" and the Reluctant State? Robbie Gilligan (bio) This essay explores the Irish state's response to the "public child." It assesses the available evidence and argues ultimately that the Irish state has been reluctant at best, negligent at worst, in its response to the needs of the "public child." The term "public child," as used here, refers to a child whose private world has in some sense become public business, attracting attention because concern has been aroused about his or her care or safety.1 The nature of this concern eventually leads the apparatus of state control, governmental or nongovernmental, to intervene, often placing the child in the care of the state, away from its home and the care of its parents.2 In earlier decades, this apparatus of control might have operated in civil society at least partly through the work of nongovernmental organizations, [End Page 265] such as the Irish Society for the Prevention of Cruelty to Children (ISPCC) or through the efforts of concerned citizens.3 In recent decades, this apparatus has become more the remit of state systems, such as statutory child protection, social work services, or the Garda Síochána.4 Thus, the state has become increasingly involved not just in regulating the basis of intervention at the more serious end of the spectrum of child protection but also very often in delivering that intervention. The "public child" in the context of this discussion lives away from home, on foot of state intervention with or without parental consent.5 This essay also considers evidence on the experience of the "private child" and the "adopted child" to throw further light on the fate of the "public child." The "private child" lives within its family structure of whatever form, largely untouched by troubles that might bring him or her onto the radar screen of state surveillance systems. The "adopted child" is raised in its adoptive family home following an adoption order in accordance with state legislation. Legal adoption came late to the Republic of Ireland, only having been introduced as recently as 1952.6 In at least some instances, it [End Page 266] might be argued that domestic adoption serves the function, among others, of transforming a "public child" or a potential "public child" into a "private child."7 Unlike the private or adopted child, the public child's marginal status meant that it lacked sufficient advocacy on its behalf in the political or policy world. In terms of time frame, this essay focuses on the period since the publication of the Reformatory and Industrial Schools Systems Report, 1970—hereafter referred to by its more popular name, the Kennedy Report—although reference will be made to earlier developments where these help to explain later trends.8 The second part of the essay's title refers to the "reluctant state." Even a minimalist understanding of the state's role in comparative social welfare suggests three key areas of responsibility for child protective services: the enacting of legislation, the funding of activity to at least some basic level, and the monitoring of compliance with legal standards or funding conditions. Using evidence from these three areas of activity, this essay argues that the Irish state can indeed be classified as "reluctant" in its dealings with the "public child." The role of the state in relation to the "public child" will, moreover, be explored through four relevant lenses: residential care, foster care, adoption, and community supports, namely measures that might preempt the need to make care of the child a public responsibility.9 [End Page 267] Residential Care Given the plethora of media attention since the mid-1990s to child abuse scandals involving the state's industrial and reformatory schools, in the public mind residential care is probably the form of provision most associated with the "public child." Residential care refers to care provided in institutional or nonfamilial settings, such as in industrial schools, reformatory institutions, or orphanages.10 Prior to 1970, these settings were generally large and forbidding institutions, but with subsequent reform, now tend to be smaller in scale.11 Reflecting the spirit and the recommendations of the Kennedy Report, these newer settings are more...

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  • Jan 1, 2020
  • Éire-Ireland
  • Máiréad Enright + 1 more

State Legal Responses to Historical Institutional Abuse:Shame, Sovereignty, and Epistemic Injustice* Máiréad Enright (bio) and Sinéad Ring (bio) The history of the Irish state is littered with shamed bodies. For decades the state collaborated with religious orders in incarcerating children and single women, who were shamed by authorities for their poverty, race, disability, or association with sexual transgression (Fischer, "Gender"; O'Sullivan and O'Donnell; Smith, Ireland's Magdalen Laundries; Buckley, Cruelty Man; Clough, Shame). Practices such as head shaving, name changing, identifying children by number, and flogging were used to punish and control (Arnold; Coleman 121; Commission to Inquire into Child Abuse [hereafter cited as CICA] vol. 1, ch. 8). Women and children in industrial or reformatory schools, psychiatric hospitals, county homes, and Magdalen laundries were burdened with a stigmatized identity that meant total exclusion from society (O'Sullivan and O'Donnell 257). By beginning to speak publicly about their experiences, victim-survivors have forced the state and Irish society to acknowledge this history. Their testimony of neglect, beatings, forced labor, sexual assault, and imprisonment is an indictment of the sovereign state's claim to protect its most vulnerable and to detect and punish crime within its territory. In response the state offers an architecture of apology, investigation, and redress. Scholars, however, have traced patterns of violation of domestic and international norms at the core of this framework (Gallen and Gleeson; O'Rourke, "Justice for Magdalenes Campaign"; Ring, "Victim of Historical Abuse"). This essay contributes to the literature exploring transitionaljustice processes by scrutinizing the Irish state's responses to historical [End Page 68] institutional abuse.1 Scholars can analyze state actions through the lens of truth-telling, accountability, redress and reparations, and guarantees of nonrecurrence—the key objectives of transitional justice. But such processes are themselves contingent and potentially oppressive, especially where suppressed and marginalized knowledges are omitted or excluded in the name of transitional justice (Mamdani; Van Marle; Koggel). This essay develops a theory of state shame that describes and explains the harms experienced by victimsurvivors of state institutions in their attempts to gain recognition and redress from the state. It demonstrates the relationship between the state's performance of this shame in these legal responses and its need to preserve its sovereignty, and it evaluates its professed singular competence to determine how painful national events are understood and resolved (Dean). We argue that the state uses discourses of its own shame to legitimate these flawed responses. We further show that in its legal responses the state benefits from a series of epistemic injustices against people who suffered institutional abuse in the past. We present our argument in four parts. First, we distinguish between true shame as an ideal type on the one hand and the Irish state's discourse of itself as shamed subject (state shame) on the other. We argue that true shame and state shame are very different modes of engagement with past wrongs. Whereas true shame involves a collapse of the sovereign self, state shame preserves the state from any loss of sovereignty. As we next show, a discourse of state shame has been employed to legitimate narrow legalist strategies such as limited inquiries, adversarial interrogation, adherence to fixed evidentiary standards, and a focus on monetary redress to the exclusion of other aspects of reparation. Examining the state's use of law and legalism to respond to the claims of victim-survivors of institutional child abuse and of the Magdalen laundries, we show how the state produces unitary official histories, monetizes and commodifies [End Page 69] harms raised in victim-survivors' testimony, and preserves old hierarchies of power between state, religious orders, and victim-survivors. In the third section we argue that in their encounters with these legal measures victim-survivors experience epistemic injustice. This term refers to forms of unfair treatment relating to issues of knowledge, understanding, and participation in communicative practices (Kidd et al. 1). Feminist philosopher Miranda Fricker identifies two forms of epistemic injustice, testimonial and hermeneutical, both of which involve wronging someone in their capacity as a knower (Epistemic Justice 1). We suggest that the legal responses to victim-survivors enact a refusal to listen...

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Working for God? Staffing the Victorian reformatory and industrial school system1
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Punishment, Reformation, or Welfare: Responses to ‘The Problem’ of Juvenile Crime in Victorian and Edwardian Britain
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Administrative Expedience and the Avoidance of Scandal: Ireland’s Industrial and Reformatory Schools and the Inter-Departmental Committee of 1962-3
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  • Anthony Keating

This article utilises the surviving working papers of the Irish, Inter-Departmental Committee on the Prevention of Crime and Treatment of Offenders of 1962-3 (IDC) to critically evaluate its work on the industrial and reformatory schools. The industrial and reformatory schools were populated by vulnerable children, from largely poor backgrounds, who were not well regarded by Irish society. The work of the IDC in regard to adult prisoners is argued by academics and politicians to have been a turning point in Irish penal policy; representing the point at which a more enlightened approach to the treatment of offenders began to feed through into the penal system. This positive assessment of the IDC’s impact on adult penal policy is demonstrated to stand in stark contrast to its actions in regard to the children detained in the industrial and reformatory schools. Children, against whose interests, the IDC and its political masters chose to place economic expediency and the perceived interests of departmental and religio-political sensibilities. The actions of the IDC left these children exposed to the worst excesses of abusive institutions despite clear evidence of their plight. It was not until the years after the publication of the Kennedy Report in 1970 that the Irish State took it first hesitant steps in reforming the rotten and abusive system.

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Looked After Children: The Reluctant State and Moral Salvation
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Over the past fifty years, public care for children in England has undergone a significant transformation moving almost exclusively towards foster care as the preferred mode of delivery. The most recent data from the Department for Education for the year ending 31 March 2018, reported that 73% of all Looked After Children (LAC) were placed in foster care with just 8% in residential placements. Compared to an almost even split of 45% of children in Foster Care (or ‘boarded out’) and 42% of children in residential care in 1966, the scale of this shift becomes apparent. This transformation has taken place in the context of a social policy discourse promoted by successive governments, which has privileged foster care as the most suitable place for children needing out-of-home public care. The main argument in this article is that the rationale for the state’s growing interest in children (in particular those children who are considered a social problem) and the emerging social policy solutions, i.e., foster care, are driven by particular political and economic agendas which have historically paid little attention to the needs of these children and young people. This article explores the relationship between the state, the child and their family and the drivers for this transformation in children’s public care making use of a genealogical approach to identify the key social, political and historical factors, which have provided the context for this change. It examines the increasing interest of the state in the lives of children and families and the associated motivation for the emerging objectification of children. The role of the state in locating the family as the ideal place for children’s socialisation and moral guidance will be explored, with a focus on the political and economic motivations for privileging foster care. Consideration will also be paid to the potential implications of this transformation for children and young people who require public care.

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  • Cite Count Icon 4
  • 10.1080/03124078208549723
Henry Parkes and the Development of Industrial and Reformatory Schools in Colonial New South Wales
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This paper will deal with the political and administrative involvement of Henry Parkes in the establishment of government Industrial and Reformatory Schools in New South Wales through the Industrial and Reformatory Acts of 1866. The 1866 legislation of the Martin-Parkes ministry had its origins in the various government enquiries into the problem of child destitution and delinquency during the 1850's. Parkes himself chaired one such enquiry (The Select Committee on the Proposed Nautical School, 1854) and was a persistent and enthusiastic advocate of the nautical training approach to the treatment of destitute and neglected boys. As Colonial Secretary in 1867 Parkes was responsible for both the establishment of the Nautical School Ship Vernon and the Girls' Industrial School, Newcastle. Parkes' role in providing patronage and constant political support for the N.S.W. Vernon as well as his relative neglect of the Girls' Industrial School will be examined in some detail. The influence of overseas theories, models and approaches on Parkes' ideas and thinking concerning child social welfare will be a consideration.

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Guarding the British Bible from Rousseau: Sarah Trimmer, William Godwin, and the Pedagogical Periodical
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  • Children's Literature
  • Donelle Ruwe

Guarding the British Bible from Rousseau:Sarah Trimmer, William Godwin, and the Pedagogical Periodical Donelle Ruwe (bio) Sarah Kirby Trimmer produced biblical and historical prints, educational tracts, children's books, textbooks, religious commentaries, numerous best-selling editions of the Bible, a spiritual autobiography, and two magazines.1 She founded Sunday schools and an industrial school. Her still-popular fable of Robin Redbreast defined the genre of the children's animal allegory and became the text with which all other animal fables contended. She knew Johnson, Hogarth, and Gainsborough2 and was among the privileged few to be mocked by Byron and damned by Charles Lamb. Always she wrote with an extraordinary self-confidence and even, at times, with what appears to be overconfidence. For example, included in the two-volume memoirs of her life is the following letter to "Mrs. S-": During my early years I relied upon the judgment, and took up the opinions of a parent, who had made Polemic Divinity his particular study, and who cautioned me against following his example in that particular, as he said it had at times greatly disturbed and perplexed his mind, though it ended at last in a firm belief of the doctrines of the Established Church. . . . Convinced that he had chosen the right way, [I] resolved to obey his injunctions, by avoiding those publications which he warned me against; and when I came to years of maturity, instead of giving up my mind to researches into the various opinions of human beings, [I] set myself seriously to examine the principles in which I had been educated, [End Page 1] by the Word of God. This I have repeatedly done with the most perfect satisfaction; and having no doubts, why should I seek to raise them? I have, it is true, read many books of divinity; but very few, that I can recollect, of a controversial nature. If I found it necessary to read one side of the argument, I should think it incumbent upon me to read the other; but surely what is requisite in merely worldly affairs, ought not to be extended to a subject in which we have an infallible guide—the word of God; on that word then, I choose to build my faith, in preference to any human authority whatever. (Some Account 1.91-92) This letter is indeed uncomfortable reading. Perhaps it, and countless other similar examples from Trimmer's writings, explains why scholars of British romanticism as well as feminists working to recuperate women writers have, in large measure, avoided Trimmer. It is difficult to praise Trimmer's scholarship and the theological rigor of her writings when she publicly professes never to have questioned her own beliefs. For feminists who dedicate limited time, energy, and other resources to the ongoing project of recovering women authors, there are more appealing women writers to recuperate. Indeed, in terms of our project of creating women's literary history, Trimmer can be read as a useful figure who allows us to examine the limits of our recovery efforts. As Margaret Ezell reminds us, Anglo-American feminism celebrates the authors who represent contemporary feminist values and overlooks others who are difficult to fit into our paradigms for reading women's texts.3 At the same time, Trimmer has fared little better in the historiography of children's literature: as Mitzi Myers and William McCarthy have compellingly documented, the story of how children's literature developed has been a "story almost Manichaean in its need to dichotomize, and then to extol or damn its dichotomized terms" (McCarthy 198). Authors who "instruct" children are aligned with an oppressive hegemony in contrast to an ongoing celebration of texts considered imaginative, pleasurable, delightful, or playful. In other words, fairy tales and nonsense rhymes are superior to textbooks no matter how innovative the textbook and how derivative the tale. Myers argues that this genre dichotomizing is also explicitly gendered. She traces the ongoing excoriation of pedagogical writings (and women pedagogues) to a reinscription of the romantic myth of the child of nature into our constructions of children's literature. The child, "trailing clouds [End Page 2] of glory," comes from God into nature but...

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