发明少年罪犯:1921-1958年伊拉克哈希姆时期少年犯罪的法律和医学分类

Pub Date : 2023-04-17 DOI:10.1093/jsh/shad005
Sara Farhan, Pelle Valentin Olsen
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引用次数: 0

摘要

这篇文章追溯了在哈希姆统治下的伊拉克(1921 - 1958),青少年犯罪作为一个法律和医疗范畴的出现。我们认为,随着儿童和青年通过突出政治和社会结构弱点的行动和不作为变得越来越明显,国家机构采用了有关青年参与劳动的国际框架和方言。医学在界定“少年”和决定年轻人的身体能力,进而决定他们的生产潜力方面发挥了关键作用。这篇文章关注的是大多数没有隶属于有组织的政治团体的儿童和青少年,它表明,伊拉克的惩教设施,包括感化院,是哈希姆国家试图塑造和规范公民的不可或缺的一部分。青少年犯罪也是一个独特的性别和阶级类别。性别尤其成为一个显著的标志,它实际上剥夺了年轻妇女和女孩的少年地位,使大多数下层阶级的年轻男子和男孩能够进入感化院,而不是成人监狱。虽然被认为有可能被救赎的叛逆青年男子和男孩可以进入旨在改造少年犯的司法和社会机构,但年轻妇女和女孩的罪行往往被性化,并根据青春期开始而不是法定年龄对成熟度的解释进行评估。
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Inventing Young Offenders: The Legal and Medical Categorization of Juvenile Delinquency in Hashemite Iraq, 1921–1958
This article traces the emergence of juvenile delinquency as a legal and medical category in Hashemite Iraq (1921–58). We argue that as children and youth became increasingly visible through actions and inactions that highlighted the weaknesses of political and social structures, state institutions adopted international frameworks and vernaculars concerning the participation of youth in labor. Medicine played a key role in defining the “juvenile” and determining young people’s physical abilities and, by extension, their productive potential. Focusing on children and youth who were for the most part unaffiliated with organized political groups, the article demonstrates that Iraq’s correctional facilities, including reformatories, were integral to the Hashemite state’s attempt at crafting and regulating citizens. Juvenile delinquency was also a uniquely gendered and classed category. Gender in particular became a distinguishing marker that in effect deprived young women and girls of the juvenile status that allowed mostly lower-class young men and boys to access reformatories rather than adult prisons. While defiant young men and boys who were considered as potentially redeemable gained access to judicial and social institutions that aimed to rehabilitate the juvenile delinquent, the crimes of young women and girls were often sexualized and assessed according to interpretations of maturity determined by the onset of puberty rather than legal age.
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