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International Journal of Law, Policy and the Family 2004 18(3):385-393; doi:10.1093/lawfam/18.3.385
© 2004 by Oxford University Press
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SUPPORT FOR YOUNG PREGNANT WOMEN AND JUVENILE MOTHERS: CONFRONTING PRESENT DAY LEGISLATION IN GERMANY WITH THE PIONEERING THOUGHTS OF J. H. PESTALOZZI

Burkhard Müller1

1 University of Hildesheim, Germany.

The Swiss pedagogue and philanthropist J. H. Pestalozzi (1746–1827) was possibly the first author to develop a concept of direct state responsibility for the children of young unwed mothers. He argued that the state should take care of them because state legislation is responsible for the fate of these children. The paper connects this idea to the present German Law on Assistance to Children and Youth (‘Kinder- und Jugendhilfe-Gesetz’ or KJHG) and makes the point that the logic of Pestalozzi’s benevolent paternalism in an ambivalent way is still inherent in today’s social work. Finally, the problem of reconciling the logic of ‘care’ with the logic of a democratic practice of welfare services is discussed.

Social Law Book VIII, Child and Youth Aid (Kinder: und Jugendhilfe) of 20 June 1990 (BGBl. I, 1163, 1166).


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