CYIL vol. 10 (2019)

DALIBOR JÍLEK CYIL 10 ȍ2019Ȏ very sinister. Under the Code, the child’s burdensome feeling is to come from the incentive of the court. The standard has a warning within it. Warning precedes punishment. If the child’s deed repeats itself, they could be expelled from the dormitory. The relationships among these norms are assembled in an ascending scale. The social consequences are ranked according to severity and frequency of the very bad conduct. According to Korzcak’s comment, the Court of Peers routinely applied milder consequences and did not have the courage to impose severe punishment. Judges and wrongdoers were socially close and interchangeable in their positions, captured in the network of emotional ties for a long period of time. Beyond section 500, a sociable novelty appears in the Code: necessary publication of the judgment. 37 The promulgation of the judgment is a sort of moral shaming of the wrongdoer in the collective of pupils. The judgment warns the child of their ruthlessness. The court means that the child’s very bad deed lacks self-esteem, respect for other children and educators, as well as respect for the social standards prescribed by the Code. Section 500 lays down the publication of the judgment with the name and surname in the dormitory’s newspaper on its first page. The notice is not just informative. It also fulfils the intrapersonal function of striking the child’s heart and points to the child’s shameful character. The publication of the judgment in the newspaper should propel the child’s conscience, leading to moral awareness of the negativity of their conduct. In addition, the announcement of the judgment may have interpersonal effects as it brings out the wrongdoer’s immoral deed. Other children in the dormitory should take emotional lessons from the very bad conduct. Section 600 requires the promulgation of the judgment on the court notice board, in addition to the newspaper. 38 The dormitory’s board is another relevant means of written communication, where both methods are intended to amplify the expected intrapersonal and interpersonal outcome. The dormitory’s practice enabled to show the statistics on the child’s misconducts over a longer period of time. The statistics were not tied to the child’s name and surname. Only the wrongdoer initials were identified. The norm embedded into section 700 takes into account a real possibility of returning the child to their family. 39 The court is bound to find out that the wrongdoer behaved very badly. In addition to being published in the newspaper and on the board, the judgement is sent to the wrongdoer’s family in order to promptly alert to the possibility of the return of their member. The announcement works as a warning in the orphanage and pursues both the interpersonal intention and the intrapersonal effect. Sending the judgement to the family does not only establish the family’s readiness to reaccept the child. The family as a fundamental educational entity can also positively influence the child’s behavior in the dormitory. Provision of section 800 imposes on the child in the orphanage an authentic punitive consequence. 40 The provision silently assumes that the previous complaints did not radically affect thewrongdoer’s personality; they hadno intrapersonal effects.The previous consequences did not prompt the child to have a change of heart, did not awaken the child’s conscience. 37 Ibidem : “Sąd uznaje, że a bardzo źle postąpił. Wyrok ma być ogłoszony w gazecie.” 38 Ibidem : “Sąd uznaje, że a bardzo źle postąpił. Wyrok ma być ogłoszony w gazecie i wywieszony na tablicy.” 39 Ibidem : “Sąd uznaje, że a bardzo źle postąpił. Wyrok ma być ogłoszony w gazecie, wywieszony na tablicy i zakomunikowany rodzinie A.” 40 Ibidem : “Sąd pozbawia a praw na przeciąg tygodnia, wzywa rodzinę, by się z nią porozumieć. Wyrok ogłasza się w gazecie i na tablicy.”

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