NCJ Number
88170
Journal
Canadian Criminology Forum Volume: 5 Issue: 1 Dated: (Fall 1982) Pages: 25-39
Date Published
1982
Length
15 pages
Annotation
Although the conventional view is that family courts in the United States resulted from an evolutionary movement toward socialized justice, the literature supports a pluralistic interpretation whereby organized groups allied to push for establishment of family courts.
Abstract
The National Probation Association was the catalyst for the family court movement in the United States. Its membership included judges, probation officers, and charity and social welfare workers. This group successfully orchestrated the efforts of diverse individuals and groups in a relentless effort to convince both legislators and the public of the advantages of the family court. The most zealous reformers were those with vested personal and career interests in the creation of unified family courts. Each group pushed for plans most advantageous to them. Predictably, the major opposition to family courts came from those most threatened by them, particularly lawyers. Despite the literature's support for a pluralistic account of the historical roots of the family court, future researchers should be aware of the problems with both the traditional and pluralist perspectives on socialized tribunals. The research should also try to determine the views of the clients of family courts and to explain why socialized justice was so readily accepted in the 20th century as opposed to the 19th century. Notes, an appendix showing the dates in which various family courts were established, and 66 references are provided.