Children of a Lesser God. The Legalized Exploitation of Child Labour as Revealed by the Liberal Era Judicial Record (Late 19th—Early 20th Century)

Abstract

In this chapter, the author explores the legal treatment of children employed in factories from the second half of the 19th century to the early 20th century (the so-called Liberal Era). To do so, he will examine the legislative record (ranging from the first bills proposed on the issue to the reforms of 1886, 1902, 1907 and 1910); the legal doctrine of the time, which essentially legitimized “the legalized exploitation” of about 10 % of the population under the age of 15 (without counting figures that were left ‘off the books’); jurisprudence (both civil and penal), who made the bigger steps forward, fighting for children right’s recognition, such as a limited working hours and breaks. Only an in-depth look will suggest that, still at the outbreak of World War I, the legal system as a whole suffers from the same disease of the past: insufficient resources for inspection and oversight, lack of clarity and imprecise norms. This situation, in other words, can legitimately be considered a ‘legalized exploitation’. The only way to understand this problem is to accept an underlying truth: in the time period examined in the present paper, Italy—unfortunately—had no choice but to resort to young labourers. Given the economic and social hardship of the time, children work was justified as a ‘necessary evil’. So, in the brutal transition from the home to the plant, the ‘rule of the home’ gave way to the rules of the factory, which were just as ‘domestic’ and brusque.