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Jurisprudence Commons

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Law and Philosophy

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Loyola University Chicago, School of Law

2023

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Full-Text Articles in Jurisprudence

Razing & Rebuilding Delinquency Courts: Demolishing The Flawed Philosophical Foundation Of Parens Patriae, Eduardo R. Ferrer Jan 2023

Razing & Rebuilding Delinquency Courts: Demolishing The Flawed Philosophical Foundation Of Parens Patriae, Eduardo R. Ferrer

Loyola University Chicago Law Journal

Professor Eduardo R. Ferrer of Georgetown University explores the history and background of the juvenile delinquent system in the United States. Professor Ferrer argues that the philosophical underpinnings of our legal youth systems, under the concept of parens patriae, have led to failure with regard to how states care for children that come under their control—and ultimately need to be abandoned in favor of a more effective and just system.