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Corporal Punishment Opinion Essay Example

This article is about the infliction of bodily pain as a form of punishment. For other uses, see Corporal punishment (disambiguation).

Corporal punishment or physical punishment is a punishment intended to cause physical pain on a person. It is most often practiced on minors, especially in home and school settings. Common methods include spanking or paddling. It has also historically been used on adults, particularly on prisoners and enslaved persons. Other common methods include flagellation and caning.

Official punishment for crime by inflicting pain or injury, including flogging, branding and even mutilation, was practised in most civilizations since ancient times. However, with the growth of humanitarian ideals since the Enlightenment, such punishments were increasingly viewed as inhumane. By the late 20th century, corporal punishment had been eliminated from the legal systems of most developed countries.[1]

The legality in the 21st century of corporal punishment in various settings differs by jurisdiction. Internationally, the late 20th century and early 21st century saw the application of human rights law to the question of corporal punishment in a number of contexts:

  • Corporal punishment in the home, punishment of children or teenagers by parents or other adult guardians—is legal in most of the world. 54 countries, most of them in Europe and Latin America, have banned the practice as of 2018.[2]
  • School corporal punishment—of students by teachers or school administrators—has been banned in many countries, including Canada, Kenya, South Africa, New Zealand and all of Europe. It remains legal, if increasingly less common, in the United States.
  • Judicial corporal punishment, as part of a criminal sentence ordered by a court of law, has long disappeared from European countries.[3] However, as of November 2017, it remains lawful in parts of Africa, Asia, the Anglophone Caribbean and indigenous communities of Ecuador and Colombia.[4] Closely related is prison corporal punishment or disciplinary corporal punishment, ordered by prison authorities or carried out directly by staff. Corporal punishment is also allowed in some military settings in a few jurisdictions.

Other uses of corporal punishment have existed, for instance as once practised on apprentices by their masters. In many Western countries, medical and human-rights organizations oppose corporal punishment of children. Campaigns against corporal punishment have aimed to bring about legal reform to ban the use of corporal punishment against minors in homes and schools.

Western history[edit]

Corporal punishment of children has traditionally been used in the Western world by adults in authority roles.[5] Beating one's child as a punishment was recommended as early as c. the 10th century BC in the book of Proverbs attributed to Solomon:

He that spareth the rod, hateth his son; but he that loveth him, chasteneth him betimes. (Proverbs, XIII, 24)

A fool's lips enter into contention, and his mouth calleth for strokes. (Proverbs, XVIII, 6) Chasten thy son while there is hope, and let not thy soul spare for his crying. (Proverbs, XIX, 18) Judgements are prepared for scorners, and stripes for the backs of fools. (Proverbs, XIX, 29) Foolishness is bound in the heart of a child; but the rod of correction shall drive it from him. (Proverbs, XXII, 15) Withhold not correction from the child; for if thou beatest him with a rod, thou shalt deliver his soul from hell. (Proverbs, XXIII, 13-14) A whip for a horse, a bridle for an ass, and a rod for a fool's back. (Proverbs, XXIX, 15)[6]

Robert McCole Wilson argues, "Probably this attitude comes, at least in part, from the desire in the patriarchal society for the elder to maintain his authority, where that authority was the main agent for social stability. But these are the words that not only justified the use of physical punishment on children for over a thousand years in Christian communities, but ordered it to be used. The words were accepted with but few exceptions; it is only in the last two hundred years that there has been a growing body of opinion that differed. Curiously, the gentleness of Christ towards children (Mark, X) was usually ignored".

Corporal punishment was used in Greece, Rome, and Egypt for both judicial and educational discipline. Some states gained a reputation for using such punishments cruelly; Sparta, in particular, used them as part of a disciplinary regime designed to build willpower and physical strength. Although the Spartan example was extreme, corporal punishment was possibly the most frequent type of punishment. In the Roman Empire, the maximum penalty that a Roman citizen could receive under the law was 40 "lashes" or "strokes" with a whip applied to the back and shoulders, or with the "fasces" (similar to a birch rod, but consisting of 8–10 lengths of willow rather than birch) applied to the buttocks. Such punishments could draw blood, and were frequently inflicted in public.

Quintilian (c. 35 – c. 100) voiced some opposition to the use of corporal punishment. According to Robert McCole Wilson, "probably no more lucid indictment of it has been made in the succeeding two thousand years".

By that boys should suffer corporal punishment, though it is received by custom, and Chrysippus makes no objection to it, I by no means approve; first, because it is a disgrace, and a punishment fit for slaves, and in reality (as will be evident if you imagine the age change) an affront; secondly, because, if a boy's disposition be so abject as not to be amended by reproof, he will be hardened, like the worst of slaves, even to stripes; and lastly, because, if one who regularly exacts his tasks be with him, there will not be the need of any chastisement (Quintilian, Institutes of Oratory, 1856 edition, I, III).

Plutarch, also in the first century, writes:

This also I assert, that children ought to be led to honourable practices by means of encouragement and reasoning, and most certainly not by blows or ill-treatment, for it surely is agreed that these are fitting rather for slaves than for the free-born; for so they grow numb and shudder at their tasks, partly from the pain of the blows, partly from the degradation.[10]

In Medieval Europe, corporal punishment was encouraged by the attitudes of the medieval church towards the human body, flagellation being a common means of self-discipline. This had an influence on the use of corporal punishment in schools, as educational establishments were closely attached to the church during this period. Nevertheless, corporal punishment was not used uncritically; as early as the eleventh century Saint Anselm, Archbishop of Canterbury was speaking out against what he saw as the excessive use of corporal punishment in the treatment of children.[11]

From the 16th century onwards, new trends were seen in corporal punishment. Judicial punishments were increasingly turned into public spectacles, with public beatings of criminals intended as a deterrent to other would-be offenders. Meanwhile, early writers on education, such as Roger Ascham, complained of the arbitrary manner in which children were punished.[12]

Peter Newell writes that perhaps the most influential writer on the subject was the English philosopher John Locke, whose Some Thoughts Concerning Education explicitly criticised the central role of corporal punishment in education. Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783, the first country in the world to do so.[13]

During the 18th century, the concept of corporal punishment was challenged by some philosophers and legal reformers. Merely inflicting pain was seen as an inefficient form of discipline, influencing the subject only for a short period of time and effecting no permanent change in their behaviour. Some believed that the purpose of punishment should be reformation, not retribution. This is perhaps best expressed in Jeremy Bentham's idea of a panoptic prison, in which prisoners were controlled and surveyed at all times, perceived to be advantageous in that this system supposedly reduced the need of measures such as corporal punishment.[14]

A consequence of this mode of thinking was a reduction in the use of corporal punishment in the 19th century in Europe and North America. In some countries this was encouraged by scandals involving individuals seriously hurt during acts of corporal punishment. For instance, in Britain, popular opposition to punishment was encouraged by two significant cases, the death of Private Frederick John White, who died after a military flogging in 1846,[15] and the death of Reginald Cancellor, killed by his schoolmaster in 1860.[16] Events such as these mobilised public opinion and, by the late nineteenth century, the extent of corporal punishment's use in state schools was unpopular with many parents in England.[17] Authorities in Britain and some other countries introduced more detailed rules for the infliction of corporal punishment in government institutions such as schools, prisons and reformatories. By the First World War, parents' complaints about disciplinary excesses in England had died down, and corporal punishment was established as an expected form of school discipline.[17]

In the 1870s, courts in the United States overruled the common-law principle that a husband had the right to "physically chastise an errant wife".[18] In the UK the traditional right of a husband to inflict moderate corporal punishment on his wife in order to keep her "within the bounds of duty" was similarly removed in 1891.[19][20] See Domestic violence for more information.

In the United Kingdom, the use of judicial corporal punishment declined during the first half of the 20th century and it was abolished altogether in the Criminal Justice Act, 1948 (zi & z2 GEo. 6. CH. 58.), whereby whipping and flogging were outlawed except for use in very serious internal prison discipline cases,[21] while most other European countries had abolished it earlier. Meanwhile, in many schools, the use of the cane, paddle or tawse remained commonplace in the UK and the United States until the 1980s. In several other countries, it still is: see School corporal punishment.

Among hunter-gatherer tribes[edit]

Author Jared Diamond writes that hunter-gatherer societies have tended to use little corporal punishment whereas agricultural and industrial societies tend to use progressively more of it. Diamond suggests this may be because hunter-gatherers tend to have few valuable physical possessions, and misbehavior of the child would not cause harm to others' property.[22]

Researchers living among the Parakanã and Ju/’hoansi people, as well as among some Aboriginal Australians, have written of the absence of physical punishment of children in those cultures.[23]

Wilson writes:

Probably the only generalization that can be made about the use of physical punishment among primitive tribes is that there was no common procedure [...] Pettit concludes that among primitive societies corporal punishment is rare, not because of the innate kindliness of these people but because it is contrary to developing the type of individual personality they set up as their ideal [...] An important point to be made here is that we cannot state that physical punishment as a motivational or corrective device is 'innate' to man.

International treaties[edit]

Human rights[edit]

Key developments related to corporal punishment occurred in the late 20th century. Years with particular significance to the prohibition of corporal punishment are emphasised.

  • 1950: European Convention of Human Rights, Council of Europe.[25] Article 3 bars "inhuman or degrading treatment or punishment".
  • 1985: Standard Minimum Rules for the Administration of Juvenile Justice, or Beijing Rules, United Nations (UN). Rule 17.3: "Juveniles shall not be subject to corporal punishment."
    • 1990 Supplement: Rules for the Protection of Juveniles Deprived of their Liberty. Rule 67: "...all disciplinary measures constituting cruel, inhumane or degrading treatment shall be strictly prohibited, including corporal punishment..."
  • 1990: Guidelines for the Prevention of Juvenile Delinquency, the Riyadh Guidelines, UN. Paragraph 21(h): education systems should avoid "harsh disciplinary measures, particularly corporal punishment."
  • 1966: International Covenant on Civil and Political Rights, UN, with currently 167 parties, 74 signatories.[27] Article 7: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment..."
    • 1992: Human Rights Committee, overseeing its implementation, comments: "the prohibition must extend to corporal punishment . . . in this regard . . . article 7 protects, in particular, children, . . .."[28]
  • 1984: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN, with currently 150 parties and 78 signatories.[29]
  • 1966: International Covenant on Economic, Social and Cultural Rights, UN, with currently 160 parties, and 70 signatories.[31] Article 13(1): "education shall be directed to the full development of the human personality and the sense of its dignity..."
  • 1961: European Social Charter, Council of Europe.
    • 2001: European Committee of Social Rights, overseeing its implementation, concludes: it is not "acceptable that a society which prohibits any form of physical violence between adults would accept that adults subject children to physical violence."[33]

Children's rights[edit]

The notion of children’s rights in the Western world developed in the 20th century, but the issue of corporal punishment was not addressed generally before mid-century. Years with particular significance to the prohibition of corporal punishment of children are emphasised.

  • 1923: Children's Rights Proclamation by Save the Children founder. (5 articles).
    • 1924 Adopted as the World Child Welfare Charter, League of Nations (non-enforceable).
  • 1959: Declaration of the Rights of the Child, (UN) (10 articles; non-binding).
  • 1989: Convention on the Rights of the Child, UN (54 articles; binding treaty), with currently 193 parties and 140 signatories.[34] Article 19.1: "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation . . . ."
  • 2006: Study on Violence against Children presented by Independent Expert for the Secretary-General to the UN General Assembly.[37]
  • 2007: Post of Special Representative of the Secretary-General on violence against children established.[38]

Modern use[edit]

Main articles: School corporal punishment, Judicial corporal punishment, and Corporal punishment in the home

Legal status[edit]

See also: Child corporal punishment laws

Many European countries, including all Nordic countries, have prohibited any corporal punishment of children.

The earliest recorded attempt to prohibit corporal punishment of children by a state dates back to Poland in 1783.[39]:31–2 However, its prohibition in all spheres of life – in homes, schools, the penal system and alternative care settings – occurred first in 1979 in Sweden. The new Swedish Parental Code reads: "Children are entitled to care, security and a good upbringing. Children are to be treated with respect for their person and individuality and may not be subjected to corporal punishment or any other humiliating treatment."[39]:32

As of 2018[update], corporal punishment is outlawed in all settings, including the home, in 54 nations and 3 constituent nations.[2] States that have completely prohibited corporal punishment of children are listed below (in chronological order):[2]

For a more detailed overview of the global use and prohibition of the corporal punishment of children, see the following table.

HomeSchoolsPenal systemAlternative care settings
As sentence for crimeAs disciplinary measure
Prohibited5411715511638
Not prohibited144814278160
Legality unknown--14-

Corporal punishment in the home[edit]

Main article: Corporal punishment in the home

Domestic corporal punishment, i.e. the punishment of children by their parents, is often referred to colloquially as "spanking", "smacking" or "slapping."

It has been outlawed in an increasing number of countries, starting with Sweden in 1979.[2] In some other countries, corporal punishment is legal, but restricted (e.g. blows to the head are outlawed, implements may not be used, only children within a certain age range may be spanked).

In all states of the United States and most African and Asian nations, corporal punishment by parents is currently legal. It is also legal to use certain implements such as a belt or paddle.

In Canada, spanking by parents or legal guardians (but nobody else) is legal, as long as the child is not under 2 years or over 12 years of age, and no implement other than an open, bare hand is used (belts, paddles, etc. are strictly prohibited). It is also illegal to strike the head when disciplining a child.[43][44]

In the UK, spanking or smacking is legal, but it must not cause an injury amounting to Actual Bodily Harm (any injury such as visible bruising, breaking of the whole skin etc.); in addition, in Scotland, since October 2003, it has been illegal to use any implements or to strike the head when disciplining a child.

In Pakistan, Section 89 of Pakistan Penal Code allows corporal punishment.[45]

Corporal punishment in schools[edit]

Main article: School corporal punishment

Corporal punishment in schools for misbehaviour has been outlawed in many countries. It often involves striking the student on the buttocks or the palm of the hand with an implement kept for the purpose such as a rattan cane or spanking paddle, or with the open hand. There may be restrictions in some jurisdictions, for example, in Singapore caning is permitted for boys only. Medical professionals have urged putting an end to the practice, noting the danger of injury to children's hands especially.[46] In India, corporal punishment has been abolished by law. However, corporal punishment continues to exist and be practised in many Indian schools. Cultural perception of corporal punishment has rarely been studied and researched. One study carried out by Arijit Ghosh and Madhumathi Pasupathi discusses how corporal punishment is perceived among parents and students in the Indian context, with the help of a representative sample size.[47]

Judicial or quasi-judicial punishment[edit]

Around 33 countries in the world still retain judicial corporal punishment, including a number of former British territories such as Botswana, Malaysia, Singapore and Tanzania. In Singapore, for certain specified offences, males are routinely sentenced to caning in addition to a prison term. The Singaporean practice of caning became much discussed around the world in 1994 when American teenager Michael P. Fay received four strokes of the cane for vandalism. Judicial caning and whipping are also used in Aceh Province in Indonesia.

A number of other countries with an Islamic legal system, such as Saudi Arabia, Iran, Sudan and some northern states in Nigeria, employ judicial whipping for a range of offences. As of 2009[update], some regions of Pakistan are experiencing a breakdown of law and government, leading to a reintroduction of corporal punishment by ad hoc Islamicist courts.[48] As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation.[49][50][51] However, the term "corporal punishment" has since the 19th century usually meant caning, flagellation or bastinado rather than those other types of physical penalty.[52][53][54][55][56][57][58]

In some countries foot whipping (bastinado) is still practiced on prisoners.[59]

Ritual and punishment[edit]

In parts of England, boys were once beaten under the old tradition of "Beating the Bounds" whereby a boy was paraded around the edge of a city or parish and spanked with a switch or cane to mark the boundary.[60] One famous "Beating the Bounds" took place around the boundary of St Giles and the area where Tottenham Court Road now stands in central London. The actual stone that marked the boundary is now underneath the Centre Point office tower.[61]

See also[edit]

References[edit]

  1. ^"Corporal punishment". Encyclopædia Britannica. 9 November 2014. 
  2. ^ abcde"States which have prohibited all corporal punishment". www.endcorporalpunishment.org. Global Initiative to End All Corporal Punishment of Children. 
  3. ^http://www.endcorporalpunishment.org/assets/pdfs/legality-tables/Europe-and-Central-Asia-progress-table-commitment.pdf
  4. ^http://www.endcorporalpunishment.org/progress/legality-tables/ Global Initiative to End All Corporal Punishment of Children
  5. ^Rich, John M. (December 1989). "The Use of Corporal Punishment".The Clearing House, Vol. 63, No. 4, pp. 149-152.
  6. ^Wilson, Robert M. (1971). A Study of Attitudes Towards Corporal Punishment as an Educational Procedure From the Earliest Times to the Present (Thesis). University of Victoria. 2.3. OCLC 15767752. 
  7. ^Plutarch, Moralia. The Education of Children, Loeb Classical Library. Harvard University Press, 1927. 
  8. ^Wicksteed, Joseph H. The Challenge of Childhood: An Essay on Nature and Education, Chapman & Hall, London, 1936, pp. 34–35. OCLC 3085780
  9. ^Ascham, Roger. The scholemaster, John Daye, London, 1571, p. 1. Republished by Constable, London, 1927. OCLC 10463182
  10. ^Newell, Peter (ed.). A Last Resort? Corporal Punishment in Schools, Penguin, London, 1972, p. 9. ISBN 0-14-080698-9
  11. ^Bentham, Jeremy. Chrestomathia (Martin J. Smith and Wyndham H. Burston, eds.), Clarendon Press, Oxford, 1983, pp. 34, 106. ISBN 0-19-822610-1
  12. ^Barretts, C.R.B. The History of The 7th Queen's Own Hussars Vol. IIArchived 3 October 2011 at the Wayback Machine..
  13. ^Middleton, Jacob (2005). "Thomas Hopley and mid-Victorian attitudes to corporal punishment". History of Education.
  14. ^ abMiddleton, Jacob (November 2012). "Spare the Rod". History Today (London).
  15. ^Calvert, R. "Criminal and civil liability in husband-wife assaults", in Violence in the family (Suzanne K. Steinmetz and Murray A. Straus, eds.), Harper & Row, New York, 1974. ISBN 0-396-06864-2
  16. ^R. v JacksonArchived 7 September 2014 at the Wayback Machine., [1891] 1 QB 671, abstracted at LawTeacher.net.
  17. ^ Chisholm, Hugh, ed. (1911). "Corporal Punishment". Encyclopædia Britannica. 7 (11th ed.). Cambridge University Press. pp. 189–190. 
  18. ^Criminal Justice Act, 1948 zi & z2 GEo. 6. CH. 58., pp. 54-55.
  19. ^Diamond, Jared (2013). The World Until Yesterday. Viking. Ch. 5. ISBN 978-1-101-60600-1. 
  20. ^Gray, Peter (2009). "Play as a Foundation for Hunter-Gatherer Social Existence". American Journal of Play. 1 (4): 476–522. 
  21. ^This applies to the 47 members of the Council of Europe, an entirely separate body from the European Union, which has only 28 member states.
  22. ^Global Initiative to End All Corporal Punishment of Children (2012). Retrieved 1 May 2012. "Key Judgements." The ruling concerned the Isle of Man, a UK Crown Dependency.
  23. ^UN (2012) "4 . International Covenant on Civil and Political RightsArchived 1 September 2010 at the Wayback Machine.," United Nations Treaty Collection. Retrieved 1 May 2012.
  24. ^UN Human Rights Committee (1992) "General Comment No. 20". HRI/GEN/1/Rev.4.: p. 108
  25. ^UN (2012) "9 . Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentArchived 8 November 2010 at the Wayback Machine.. United Nations Treaty Collection. Retrieved 1 May 2012.
  26. ^UN (1996) General Assembly Official Records, Fiftieth Session, A/50/44, 1995: par. 177, and A/51/44, 1996: par. 65(i).
  27. ^UN (2012). 3. International Covenant on Economic, Social and Cultural Rights.Archived 17 September 2012 at the Wayback Machine. United Nations Treaty Collection. Retrieved 1 May 2012.
  28. ^UN Committee on Economic, Social and Cultural Rights (1999) "General Comment on 'The Right to Education'," HRI/GEN/1/Rev.4: 73.
  29. ^European Committee of Social Rights 2001. "Conclusions XV – 2," Vol. 1.
  30. ^UN (2012). 11. Convention on the Rights of the Child
Depiction of a flogging at Oregon State Penitentiary, 1908
Batog, corporal punishment in the Russian Empire
Husaga (the right of the master of the household to corporally punish his servants) was outlawed in Sweden for adults in 1858.
Depiction of punishment bench as used for bastinado in several German prisons during the Third Reich

  Countries with judicial corporal punishment

Eyebrows were raised in some quarters this week by the surprising news that nearly half of parents said they would like to see corporal punishment return to schools. The YouGov survey, carried out for the Times Educational Supplement, found that 49% of the two thousand parents surveyed would support the return of the cane to British education. With school discipline a rising problem, almost all survey participants agreed that teachers should be given the power to be “tougher” on children.

Questionable Methods

The survey revealed some surprisingly old-fashioned opinions about disciplining children, with 55% of parents in favour of encouraging teachers to maintain order by shouting at pupils; and though most drew the line at deliberately “embarrassing” children, a considerable 21% were even in favour of this controversial technique.

Political Correctness ‘Gone Mad’

Echoing recent fears voiced by Education Secretary Michael Gove, many parents (91%) were concerned that fears of legal repercussions tied teachers’ hands, and the same percentage expressed worries that teachers have actually become afraid of their own pupils. Teachers’ powers to intervene in physical fights and to discipline pupils have been increasingly restricted over the past decade as health and safety and child protection laws have reduced the means of intercession available to them. Gove promised a return to a fairer balance of power in the classroom, admitting that under the current system educational discipline is being compromised by “the twisting of rights by a minority who need to be taught an unambiguous lesson in who is boss.”

Pupils Agree

A further surprise from the YouGov survey was the news that 62% of pupils actually agreed that tougher discipline was needed in the classroom – and 19% even backed the return of corporal punishment too! This undermines the recent media-fuelled image of a ‘lost generation’ of universally rebellious youth, suggesting instead that many conscientious children are tired of being distracted and disrupted by a problematic few.

Another Way

However, the National Union of Teachers stressed that increased managerial support for teachers was what was needed to improve discipline, “not the right to hit children”. It was pointed out that since the abolition of corporal punishment in education physical assaults on teaching staff have decreased dramatically and general classroom behaviour has actually improved. They also highlighted the fact that severe austerity cuts have hit behaviour support services, having an adverse effect on school discipline. Focussing on supporting these essential services and boosting teacher training on behavioural issues is likely to be a much more successful and non-confrontational way of improving life in the classroom, for teachers and pupils alike.