From Community to Legalism

The United States has become a legalistic society. It has always been more legalistic than some countries, for various reasons, but it’s become even more legalistic over time. Earlier last century, most problems weren’t dealt with through the legal system.

This is why it’s hard to compare present data to past data. A lot of criminal behavior never led people to the court system, much less prison. And even when people ended up in court, judges used to have more legal freedom to be lenient, unlike our present mandatory sentencing. This meant that there wasn’t much in the way of mass incarceration in the US until this past half century or so.

Take juvenile delinquents as a key example, far from a new problem. As urbanization took hold in the late 1800s and into the early Cold War, there was moral panic about teenagers being out of control, turning into criminals, and joining gangs. But most kids with problems didn’t end up facing a judge.

There were community institutions that figured out ways to deal with problems without recourse to legal punishment. Kids might get sent to family members who lived elsewhere, to a group home for delinquents, to reform school, etc. Or they might simply be made to do community service or pay restitution. But none of it would end up as a criminal record, likely not even getting reported in the local newspaper. It would have been dealt with quietly, informally, and privately.

There were cultural reasons at the time. It was assumed that kids weren’t fully responsible for their own behavior, as kids were treated as dependents of adults. The problems of kids was seen as the failure of parenting or social conditions. There was little tolerance for bad behavior in many ways at that time, but also society was much more forgiving. A kid would have to commit many major crimes before he would end up in a court and in jail.

The downside of this is that individuals had less rights, as people were seen more in social terms. It was easier to institutionalize people back then. Or if a girl got pregnant, her family would make sure she was sent somewhere else and not bring shame on the family. Juveniles were considered dependents until well into young adulthood. A 21 year old woman who was accused of prostitution, even if false, could find herself sent off to a group home for girls. Early 20th century childhood was highly protected and extended, although far different from present helicopter parenting.

Parents were considered legally and morally responsible for their kids, in a way that is not seen these days. Individual rights were still rather limited in the early 20th century. But there was also a sense of community responsibility for members of the community. It was accepted that social conditions shaped and influenced individuals. So, to change individual behavior, it was understood that social conditions needed to be changed for the individual.

In present American society, we see the past as socially oppressive and it was. We now put the individual before the community. We think it’s wrong to send juvenile delinquents off to reform schools, to separate the low IQ kids from other students, and to institutionalize the mentally ill. But this typically means we simply ignore problems.

The kid with severe autism in a normal classroom is not getting a good education or being prepared for adult life in any kind of way, although there is merit to his being socialized with his neurotypical peers. The mentally ill being homeless instead of in institutions is not exactly an improvement, even considering the problems of psychiatric institutions in the past. And the world is not a better place for our warehousing problematic people in prisons.

Our society has been pushed to an extreme. It would be nice to see more balance between rights of individuals and the responsibility of communities. But that isn’t possible if our main options are to either ignore problems or turn to the legal system. This is a difficult challenge, as increasing urbanization and industrialization have led to the breakdown of communities. There was a much stronger social fabric a century ago. It’s harder for us to turn to community solutions now since communities no longer function as they once did. And growing inequality has undermined the culture of trust that is necessary for well-functioning community.

Yet it’s obvious, according to polls, that most Americans realize that social problems require social solutions. But our political system hasn’t caught up with this social reality. Or rather the ruling class would rather not admit to it.