To see the other types of publications on this topic, follow the link: Corporal punishments.
Journal articles on the topic 'Corporal punishments'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Corporal punishments.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Grubač, Momčilo. "A hundred and thirty years from abolition of corporal punishment in Serbia." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 259–84. http://dx.doi.org/10.5937/gakv0408259g.
Full textAbstract:
The author describes the historical background, reasons and way of abolition of corporal punishment in Serbia by the law passed on December 11, 1873. An emphasis is put on the report given by Legislative Board of the then People's Assembly, parliamentary debate and the speech delivered by the Minister of Justice. It is also pointed to efforts to reinstate corporal punishment in 1875 and to corporal punishments beyond Criminal law.
2
D, Binu Sahayam. "OPINION STUDY AMONG TEACHERS AND STUDENTS ON THE PRACTICE OF CORPORAL PUNISHMENT IN SCHOOLS." International Journal of Research -GRANTHAALAYAH 8, no. 5 (May 25, 2020): 32–37. http://dx.doi.org/10.29121/granthaalayah.v8.i5.2020.51.
Full textAbstract:
Corporal punishment is wide spread in schools in spite of Government orders and protests from NGOs against this practice. Corporal punishment, besides inducing physical injuries, causes deep emotional wounds resulting in students attempting suicide. In this paper, the author highlights some of the issues associated with corporal punishment based on the study conducted among school teachers and school students in North Chennai. The research design used in the study is descriptive in nature. In this study, schools were randomly selected for the study. The main objective of the study is to elicit the opinion of teachers and students on the practice of corporal punishment in schools. The findings indicate that corporal punishment is highly prevalent in schools irrespective of the categories of schools. The study concludes with the implication of social work practices in school to handle issues of corporal punishments.
3
Dehadray, Vrushali. "Discrimination Faced by the Socially Disadvantaged Students with Respect to Corporal Punishment." Contemporary Voice of Dalit 11, no. 2 (September 16, 2019): 210–18. http://dx.doi.org/10.1177/2455328x19859660.
Full textAbstract:
Punishment is an inevitable part of growing up experience of children. It is considered as a necessary instrument for developing a disciplined society. Indian society is fragmented from ancient times based on hierarchical system of caste. Traditionally, some castes and communities are assigned the lowest status in this hierarchy. This socially disadvantaged section is deprived of several rights and has to face discrimination in all walks of life including education. In the present article, a comparison has been made between socially disadvantaged and other students with respect to violation of Right to Education Act pertaining to caste-based discrimination in the form of punishment given at school. Two groups were compared on causes and nature of punishments. The total sample comprised 484 students of which 40.45 per cent belonged to the socially disadvantaged group. The data were collected with the help of a structured interview schedule. The findings have shown that there was not much difference between the reasons for which they were punished. But a marked difference was observed with respect to all four categories of punishments. The students from the socially disadvantaged group received more punishments as compared to the other group. The difference between the two groups was more for severe punishments.
4
Hyman, Irwin A. "Using Research to Change Public Policy: Reflections on 20 Years of Effort to Eliminate Corporal Punishment in Schools." Pediatrics 98, no. 4 (October 1, 1996): 818–21. http://dx.doi.org/10.1542/peds.98.4.818.
Full textAbstract:
In the past 20 years, over half of the states have abolished corporal punishment in schools. Without the use of ethically questionable, experimental studies in which students were randomly assigned to paddlings, advocacy researchers were able to integrate the literature and experimental research on reward, punishment, and motivation, and conduct enough studies to provide sufficient data for policy changes. Further, every popular school discipline training program promotes well-proven positive and preventive techniques and punishments that do not inflict physical pain24. Research on alternatives, naturalistic evidence from schools that eliminated corporal punishment, and survey research prove that schools do not need to use corporal punishment.2 The movement to eliminate parental spanking is at a stage similar to the beginning of the school corporal punishment debate in 1976. Even though some studies may show that moderate parental spanking may do no short-term harm, there is little scientific evidence that it is necessary.30 There are no data to indicate that schools which eliminated corporal punishment became any worse.18 The same demographic factors and political polarizations that have kept about half of American school children from the protections against paddling afforded students in almost all other Western democracies also impede the movement to eliminate parental spanking. Since we know that corporal punishment too often leads to excesses, and since we have a multitude of effective positive approaches, what is the worst thing that would happen if all Americans stopped hitting children in any setting? The same children who are hit for misbehavior would continue that misbehavior and other ineffective punishments would be used.
5
Stankevič, Adam. "Viešųjų bausmių taikymas Kauno pilies teisme XVIII a. antrojoje pusėje ir jų vykdymas." XVIII amžiaus studijos T. 6: Personalijos. Idėjos. Refleksijos, T. 6 (January 2, 2020): 205–27. http://dx.doi.org/10.33918/23516968-006010.
Full textAbstract:
ASSIGNMENT AND ADMINISTRATION OF PUBLIC PUNISHMENTS BY KAUNAS CASTLE COURT IN THE LATE EIGHTEENTH CENTURY The article deals with the issue of assignment and administration of public punishments by Kaunas Castle Court in the late eighteenth century. In the period under investigation, this court imposed capital and corporal punishments, punishments by imprisonment, removal from office and banishment from the city. Death penalty was imposed on those offenders who were accused of homicide, robbery and theft, although the court did not impose qualified methods of capital punishment. Out of corporal punishments, only flagellation (as the principal and ancillary punishment for crimes against life, health and property, never administered to the nobility) and branding (as an ancillary punishment for thieves) were inflicted. The number of imposed strokes ranged from 50 to 400, with the most common number being 100 strokes. During the analysed period, the main place of confinement continued to the so-called Tower (Upper and Lower) Prison. The Upper Tower Prison registry was dominated by relatively short sentences of 3, 6 and 12 weeks, mostly for violent acts (slaps in the face, forfeiture of real estate, assault with a combat weapon, assault on a nobleman’s house and estate). The Lower Tower Prison was used less frequently (as a punishment for beating a nobleman with a non-combat weapon, unlawful incarceration, and unproven criminal charge offence), but the sentences delivered were longer: from 12, 24 weeks to half a year. From 1782 onwards, instead of imposing the death penalty in cases like theft, robbery and homicide, the court began to give imprisonment sentences (fixed or indefinite) which were non-existent under the GDL law and thus had to be carried out in the Kamianets-Podilskyi prison. Keywords: Kaunas Castle Court, public punishments, criminal law of the Grand Duchy of Lithuania.
6
Puranen, Karoliina, and Matti Roitto. "Gradual Changes to Discipline: A Case Study of Punishment Records and Corporal Punishment in Three Schools in Finland After the 1872 School Order Act." Nordic Journal of Educational History 5, no. 2 (December 17, 2018): 67–92. http://dx.doi.org/10.36368/njedh.v5i2.118.
Full textAbstract:
Punishment and violence in the history of education have been covered in numerous scholarly works, but most of them have relied heavily on what might be considered normative sources such as regulations, legislation, other studies in the history of education, various instructions, manuals, and guidebooks. The history of education in Finland, as elsewhere, would have us believe that punishment practices in general changed drastically, and that corporal punishment in particular had been dropped by the late nineteenth and early twentieth centuries, as proscribed in secondary schools by the School Order Act of 1872. We argue, however, that this was not always the case, especially when certain empirical sources that have often been overlooked—such as school punishment records—are taken into account. We use these sources to explore whether punishments in general, and corporal in particular, continued to be administered all the same after 1872. Our hypothesis is that the “cultural shift” regarding this issue was more gradual and complex than previously assumed. The administering of punishments, corporal or otherwise, clearly continued after the legislation had changed, regardless of whether contemporary educationalists were recommending other means of managing pupil behaviour. For instance, it remained culturally acceptable, at least for secondary schools, to “chastise” pupils (to send them home for corporal punishment). Our findings add to the existing knowledge on punishment practices and provide valid grounds for re-evaluating research on the matter.
7
Kan, Steven S. "Corporal Punishments and Optimal Incapacitation." Journal of Legal Studies 25, no. 1 (January 1996): 121–30. http://dx.doi.org/10.1086/467974.
Full text
8
Owusu-Darko, Isaac, Mavis Ansah, Doe Florence, and Belinda Owusu-Mintah. "Teachers and Parental Position on the Interdiction of Corporal Punishment in the Teaching and Learning of Mathematics." European Journal of Education and Pedagogy 2, no. 5 (September 21, 2021): 7–16. http://dx.doi.org/10.24018/ejedu.2021.2.5.2.
Full textAbstract:
There has been an alarming interest and complain about the use of corporal punishment on the part of teachers and parents respectively in the teaching and learning process. Corporal punishment creates a peculiar perception of how stakeholders of schools perceived its impact on pupils’ academic performance. The study, however, sought to investigate the perceived impact of corporal punishment on pupils learning outcomes in the teaching and learning of mathematics for selected schools in Techiman municipal. The methodology used for the study was a descriptive research design with a mixed paradigm. Both quantitative (in the form of pupils obtained scores in pre-test and post-test) and qualitative data (from teachers and parents’ responses to questionnaires) were used. The findings revealed that there is a significant mean difference between pupils’ performance about whether they were taught with corporal punishment or otherwise. Majority of the parents and teachers presumed that sometimes using corporal punishment helps and foster students to learn. Parents strongly disagreed to the complete ban of corporal punishment in the school. Teachers however consensus agreed that they occasionally use Corporal Punishment to help pupils learn It is recommended that corporal punishment usage in schools should not be banned entirely but rather, measures should be put in place to monitor how it is meted out in schools. Teachers should not abuse the use of corporal punishments in schools.
9
MOGAMI, Yoshiko. "CONSIDERATION CONCERNING CORPORAL PUNISHMENTS IN SCHOOLS." Annual Report of Educational Psychology in Japan 35 (1996): 147–56. http://dx.doi.org/10.5926/arepj1962.35.0_147.
Full text
10
Nargis Abbas, Beenish Ijaz Butt, and Uzma Ashiq. "Corporal Punishment Act in Public Schools: A Phenomenological Analysis of Perceptions of Practitioners." Journal of Business and Social Review in Emerging Economies 6, no. 4 (December 4, 2020): 1415–25. http://dx.doi.org/10.26710/jbsee.v6i4.1466.
Full textAbstract:
Corporal punishment (CP) is a conspicuous and serious matter of Pakistani schools. In response to this prevalent social problem the government of Pakistan like other countries has legislated against corporal punishments through Corporal Punishment Act, 2010 which restricts CP of every type in all educational institutes of the country. The said policy was promulgated to secure the child rights in the country but the flip side of the policy presents a different picture. This paper aims at investigating challenges faced by of the elementary public-school teachers as policy practitioners about the ban on corporal punishment by the government. This paper is based on qualitative social research methodology and used phenomenological research approach. Phenomenological interviews were used to collect the data until data reached at saturation. The data was analyzed by following the overall process guided by Creswell. Major derived themes from data were Perceptions of teachers regarding ban on Corporal Punishment, Post Corporal Punishment Legislation Challenges and Opinion of teachers regarding Government policy on CP followed by several sub-themes. It was concluded that the state vision to promote child welfare is hardly seen through its policies as at the end the welfare of the target group must be assured not doubted.
11
Shaw, J. Clerk. "Punishment and Psychology in Plato’s Gorgias." POLIS, The Journal for Ancient Greek Political Thought 32, no. 1 (May 5, 2015): 75–95. http://dx.doi.org/10.1163/20512996-12340039.
Full textAbstract:
In the Gorgias, Socrates argues that just punishment, though painful, benefits the unjust person by removing injustice from her soul. This paper argues that Socrates thinks the true judge (i) will never use corporal punishment, because such procedures do not remove injustice from the soul; (ii) will use refutations and rebukes as punishments that reveal and focus attention on psychological disorder (= injustice); and (iii) will use confiscation, exile, and death to remove external goods that facilitate unjust action.
12
Szeląg, Tomasz. "KARY I ODZNACZENIA W RZYMSKIM PRAWIE WOJSKOWYM." Zeszyty Prawnicze 6, no. 2 (June 22, 2017): 85. http://dx.doi.org/10.21697/zp.2006.6.2.06.
Full textAbstract:
Punishments and Rewards in the Roman Military LawSummaryFirst part of the article presents an analysis of punishments in the Roman military law. The punishments may be divided into five following categories:a) material punishments as depravation of pay;b) reduction;c) disgrace;d) corporal punishments;e) death penalty.The second part carries a description of the rewards, that soldiers or commanders may achieve. I have analysed herein such kinds of rewards as decorations, material rewards, promotion, a Triumph and an ovation.
13
McCord, Joan. "Unintended Consequences of Punishment." Pediatrics 98, no. 4 (October 1, 1996): 832–34. http://dx.doi.org/10.1542/peds.98.4.832.
Full textAbstract:
Because punishments are intended to control children's behavior, many people assume that the major—and perhaps the sole—consequence of punishment is teaching children to behave as they ought. Yet the use of punishment is (I will argue) counterproductive. Furthermore, the use of punishment has additional unintended consequences. I will attempt to demonstrate how children perceive punishments and what those unanticipated consequences are. These illustrations rest on the nature of reasoning itself, although they are bolstered by empirical evidence. Although this conference is about the use of corporal punishment, most of what I have to say applies to using any type of punishment—including, of course, physical punishment. First, punishments give pain and therefore teach children that at least under some conditions, it is all right to give pain to others. The law of excluded middle asserts that things must be either of one class or not of that class. I believe this law is fundamental to rational thought. Even very young children come to understand it and can therefore reason that parents are either good or not good when they punish. Let me begin with the assumption that children believe their parents are good. If good people do good things, then if they punish, it must be good to give pain. If good people do bad things, then even if giving pain is bad, it is all right to do some bad things. That is, if a parent uses punishments, then either the parent is doing something right and it is right to give pain or the parent is doing something wrong and it is all right to do something wrong.
14
Sjögren, David. "Kärleksfullt tilltal, kvarsittning eller kroppsaga: En modellgenererande undersökning om korrektionsmedel i 1800-talets folkskolereglementen." Nordic Journal of Educational History 5, no. 2 (December 17, 2018): 37–66. http://dx.doi.org/10.36368/njedh.v5i2.117.
Full textAbstract:
Compassionate Corrections, Detention or Corporal Punishment: A Model-Generating Study on Correctional Methods in Nineteenth Century Comprehensive School BylawsThis article aims to develop a systematising model to analyse correction and punishment in the nineteenth century elementary school in Sweden. The model is used to identify and compare the different forms of correction, to systematise mutual relationships between milder corrections and more harsh punishments, and to find patterns between faults and correction. The model is also used to systematically identify how expressions about correction and punishment change over time. The model is developed on the basis of normative material, which regulated how to maintain order in classrooms.
15
Anwar, Muhammad Fahad, Mehran Idris Khan, Hafiz Omer Abdullah, and Fatima Riaz. "Castigation and the Punjab Sentencing Act, 2019 --An Overview of Criminal Law and Convictions in Punjab, Pakistan." Journal of Law & Social Studies 3, no. 2 (December 31, 2021): 104–12. http://dx.doi.org/10.52279/jlss.03.02.104112.
Full textAbstract:
Castigation is the infliction of severe moral or corporal punishments. There are different theories regarding castigations are given to tackle the crime and criminal minds and to make society peaceful. Even the Islamic theory of punishment derives from the Holy Quran and Hadith. Overall, the Holy Quran has about 200 verses dealing with legal issues. For every wrong, there is a remedy provided in law. Castigations are the remedies provided by the lawmakers to redress the grievances of victims of offences as prescribed by the law of the state. Pakistan being a developing country slowly enlightens its society with various redresses and punishments to nip the evil in the bud and for this legislature is introducing new laws now and then. The study adopts qualitative means to examine Pakistan's province of Punjab's criminal law on castigation and provides insightful understanding for the readers
16
Sabev, Orlin. "How to Manage the Unmanageable: Inconsistent Ottoman Strategies to Prevent Prostitution." Turkish Historical Review 12, no. 1 (June 28, 2021): 19–46. http://dx.doi.org/10.1163/18775462-bja10003.
Full textAbstract:
Abstract Based on narratives, including ‘urban legends’, and Ottoman archival sources, this article deals with prostitution in the Ottoman Empire in view of its legal and judicial treatment according to both Sharia and sultanic law. Ottoman policies towards prostitution included measures and punishments ranging from milder (imprisonment, expulsion, taxation, legalization of brothels) to harsher (death sentence and corporal punishment). Since the Ottoman Empire included territories of a great variety of peoples and local customs the measures applied changed over time and varied across places. The author puts forward the hypothesis that the harshness of punishment depended perhaps also on the impact of conservative religious circles such as the Kadizâdelis and Mujaddidiyah.
17
Hekmatnezhad, Farzad, Masoud Raei, and Javad Panjepour. "The Role of Canonical Ruler in Transformation of Hadd to Ta’azir Punishments." Cuestiones Políticas 38, Especial (October 25, 2020): 486–501. http://dx.doi.org/10.46398/cuestpol.3865.33.
Full textAbstract:
In the Islamic perspective the ruler is a consummate jurisprudent with special authority. In criminal matters, for example, the ruler also has a prominent role, such as setting limits (Hadd) to accepted behaviors and punishments for reprehensible behaviors. In fact, in the case of convenience and special circumstances, the ruler can disapprove or modify a certain punishment. The objective of the article is then to analyze the role of the canonical ruler in the transformation of limit punishments or corporal punishment (tazir) in Iran. Based on the descriptive ـ analytical method, the work concludes that, according to the belief concerning the permission to implement the limits during the time of The Absence, the basic principle is the lack of permission to switch the limits. But if the religious ruler realizes that the implementation of the limits, in certain circumstances, is contrary to the application objectives, the interests of Islamic society and the maintenance of the government, or in the confrontation with certain rules, such as “ to be ashamed ”(لاحرج) and“ without harm ”(لاضرر), he can rule to commute the sentence.
18
Vorhaus, John. "Bringing People Down." New Criminal Law Review 24, no. 3 (2021): 433–66. http://dx.doi.org/10.1525/nclr.2021.24.3.433.
Full textAbstract:
Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court) as amounting to degrading treatment and punishment under Article 3 include instances of interrogation, conditions of confinement, corporal punishment, strip searches, and a failure to provide adequate health care. The Court acknowledges the degradation inherent in imprisonment generally, and does not consider this to be in violation of Article 3, but it also identifies a threshold at which degradation is so severe as to render impermissible punishments that cross this threshold. I offer an account of the Court’s conception of impermissible degradation as a symbolic dignitary harm. The victims are treated as inferior, as if they do not possess the status owed to human beings, neither treated with dignity nor given the respect owed to dignity. Degradation is a relational concept: the victim is brought down in the eyes of others following treatment motivated by the intention to degrade, or treatment which has a degrading effect. This, so I will argue, is the best account of the concept of degradation as deployed by the Court when determining punishments as in violation of Article 3.
19
Mann, Manju. "Prohibition of Corporal Punishments & Innovative Methods of Positive Discipline." Shikshan Anveshika 4, no. 1 (2014): 32. http://dx.doi.org/10.5958/j.2348-7534.4.1.007.
Full text
20
Gorea, Abhinav, Luvleen Gorea, R. K. Gorea, and Anurag Arora. "Holistic approach to prevent injuries and corporal punishments in schools." Egyptian Journal of Forensic Sciences 1, no. 1 (March 2011): 25–29. http://dx.doi.org/10.1016/j.ejfs.2011.04.006.
Full text
21
Cock, Emily. "PROPORTIONATE MAIMING: THE ORIGINS OF THOMAS JEFFERSON'S PROVISIONS FOR FACIAL DISFIGUREMENT IN BILL 64." Transactions of the Royal Historical Society 29 (November 1, 2019): 127–51. http://dx.doi.org/10.1017/s0080440119000069.
Full textAbstract:
ABSTRACTIn 1779, Thomas Jefferson proposed the use of nose-cutting to punish women convicted of specific offences, and the use of retaliation (lex talionis) for anyone who deliberately disfigured another person. These punishments were intended to replace the death penalty for these crimes, and as such formed part of Jefferson's attempt to rationalise the Virginian law code in line with eighteenth-century reform principles. Jefferson drew on British laws from the Anglo-Saxon period to the Coventry Act for his bill, but his proposals contrast strikingly with British movements away from corporal marking as punishment used against their own citizens. This article examines the origins and fates of equivalent crimes and punishments in the law codes Jefferson examined, and compares the legal and wider connotations of facial appearance and disfigurement that made these proposals coherent in Virginia when they had long ceased elsewhere. Tracing examples and discussion of these intersecting cases will greatly increase our understanding of Jefferson's proposals, and the relationships between facial difference, stigma and disability in eighteenth-century America.
22
Василенко, М. О. "CRIMINAL LIABILITY FOR THE MULTIPLICITY OF INTENTIONAL MURDERS IN AGGRAVATING CIRCUMSTANCES BY "CORRECTION ON PUNISHMENT CRIMINAL AND CORRECTION" IN 1845." Juridical science 2, no. 4(106) (April 3, 2020): 5–13. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.01.
Full textAbstract:
The article deals with the provisions of "Correction of Criminal and Corrective" in 1845, which envisaged criminal liability for the multiplicity of intentional murders in aggravating circumstances. It is proved that in the "Criminal and Correctional Penal Code" of 1845 for the first time provided for three main forms of multiplicity of crimes: aggregate, recurrence and recidivism. It is established that in contrast to the "Code of Laws of the Russian Empire" of 1832, the new law on criminal liability of 1845 developed a much more perfect model of sentencing the perpetrator, which recorded a number of crimes, because now the legislator established clear rules under which the guilty in the commission of crimes (including premeditated murders) was subject to the maximum penalty provided by the sanction of the relevant article of the Special Part of the Code of 1845. Moreover, on the basis of Art. 136 of the Code of 1845, the court could increase by one or more degrees of punishment, or even replace it with a more severe form. It is determined that in many cases correctional punishments can only be formally considered as milder than criminal ones, because their list includes corporal punishment, exile, etc., which in modern realities are considered not only as harsh measures of state coercion, but also contradictory. principles of criminal law barbaric ways of influencing a person's behavior, aimed at causing the latter physical and psychological suffering. We are convinced that such punishments did not contribute to the correction and re-socialization of convicts, but rather their further associative or even physical destruction. It is concluded that in the Code of 1845 there were a number of rules that revealed the concept and forms of multiplicity of crimes (this document provided for all three forms of multiplicity). In addition, this document enshrined a number of qualified premeditated murders, for which corporal punishment, life or long-term hard labor, etc. were provided. Establishing the fact of multiplicity of premeditated murders significantly affected the type and degree of punishment (the perpetrator was sentenced to the most severe type and measure of punishment provided by the relevant sanction of the Special Part of the Code of 1845, or even the most severe type of punishment, which was not directly provided by the death penalty). bark).
23
C., T. E. "ON CORPORAL PUNISHMENT OF CHILDREN IN ENGLAND (1880)." Pediatrics 84, no. 1 (July 1, 1989): 61. http://dx.doi.org/10.1542/peds.84.1.61.
Full textAbstract:
The annotation cited below concerning corporal punishment may strike modern readers as excessively cruel. In the mid-nineteenth century, however, few would have been offended by the use of a birch-rod in disciplining children. No one who has had much to do with children can doubt that punishment is necessary to their proper discipline, or that sometimes it needs to be administered with considerable severity. The sentimental theory that children can be trained and taught "wholly by kindness" generally issues in a practice which is the converse of the principle laid down by Hamlet—"I must be cruel to be kind." There are, however, certain forms of punishment which compare most unfavourably with the old-fashioned birch, and ought to be discouraged, if not interdicted. We have repeatedly pointed out the evils and injuries likely to result from the boxing of ears and the smacking of faces. These "methods" should be summarily repressed by those who are the masters of school-masters and school-mistresses. Cases which have recently occurred have too forcibly illustrated the truth and need of our many warnings, Nevertheless, punishments of this class are still daily inflicted, and until some hard lessons have been taught the pedagogues who resort to this stupid mode of stimulating the dull intellect, there will be consequences of which the few that come to public knowledge are probably a small percentage. The practice of keeping children without their proper food, of locking them in dark closets, or even of placing them in solitary confinement in light rooms, cannot be defended, because they are injurious to body or mind. The imposition of tasks is a shortsighted policy, seeing that it makes learning a terror, whereas it ought to be a delight. Can no disciplinarian devise a suitable discipline for youth"? Until that discovery is made, it would be better to fall back on the old birch, properly and moderately applied. It made the flesh smart, but it broke no bones; and few, if any, of its so-called victims failed to profit by its occasional administration.
24
Geraci, Alessandra. "Toddlers' expectations of corporal third-party punishments against the non-defender puppet." Journal of Experimental Child Psychology 210 (October 2021): 105199. http://dx.doi.org/10.1016/j.jecp.2021.105199.
Full text
25
Toševa-Nikolovska, Daniela. "Some Observations on the "Nomos Georgikos"." Colloquia Humanistica, no. 7 (December 18, 2018): 205–26. http://dx.doi.org/10.11649/ch.2018.011.
Full textAbstract:
Some Observations on the Nomos Georgikos The subject of this paper is the Byzantine law-code, the Nomos Georgikos (Νόμος γεωργικός) known as the Farmer's Code. This law-code was a subject of research since the 19th century, and many scholars assumed nexus causalis between the Nomos Georgikos and the Slavic settlements based on circumstances mainly. My examination was not oriented towards defining the ethnicity of the Byzantine farmers, but towards defining the nature of the law-code by analysing its form and its penal system. The NG was aiming at protecting the farmer's property – movable and immovable, by proscribing corresponding punishments. The punishments concerning the immovable property are material, while the punishments proscribed for immovable property are material and/or corporal, such as beating, leashing, branding and mutilation. Capital punishment is rare, because the offences done in regard to property are not considered capital offences. The punishments in the NG are very similar to the Ekloga; however, the main difference between the two Codes is the absence of duality of punishment in the NG. In the NG corporal punishments are not alternatives to monetary penalties; they are the only punishment prescribed. This is only natural for a law-code intended to solve disputes between peasants only, a monolithic group of people who did not belong to the category of honestiores.Kilka uwag na temat Nomos GeorgikosPrzedmiotem analizy w niniejszym artykule jest pewien bizantyjski kodeks prawny znany jako Nomos Georgikos. Kodeks był przedmiotem badań od XIX wieku. Wielu uczonych uważało, że istnieje związek przyczynowy (nexus causalis) pomiędzy kodeksem i osiedleniem się Słowian w Bizancjum. Moja analiza ma na celu potwierdzenie narodowej tożsamości rolnika w tym kodeksie, ale przede wszystkim objaśnienie istoty kodeksu poprzez analizę systemu kar. Nomos Georgikos koncentruje się na ochronie rolnika i jego własności – ruchomej i nieruchomej, poprzez przypisywanie określonych zasad i odpowiadających im kar za ich przekraczanie. Kary, które odnoszą się do własności nieruchomej, mają charakter pieniężny, gdy tymczasem kary odnoszące się do własności ruchomej mogą być pieniężne i / lub cielesne, jak bicie, batożenie, piętnowanie, okaleczanie. Kara śmierci pojawia się rzadko, ponieważ przestępstwa w odniesieniu do własności nie są kwalifikowane jako podlegające karze śmieci. Rodzaj kar w Nomos Georgikos bardzo przypomina te z Eklogi, jakkolwiek główna różnica polega na tym, że w Nomos Georgikos nie ma podwójnego karania. W Nomos Georgikos kary cielesne nie stanowią alternatywy dla kar pieniężnych, ale są jedyną proponowana karą. [Kodeks] odnosi się tylko do jednej kategorii poddanych, jakimi są rolnicy, którzy nie należą do wysokiej warstwy społecznej tzw. honestiores. Неколку согледби во однос на Земјоделскиот ЗаконПредмет на истражување во овој текст е еден византиски законик познат како Земјоделскиот закон (Νόμος γεωργικός). Овој законик бил предмет на научни истражувања од XIX век; многу научници во тој период претпоставуваат дека имало nexus causalis меѓу Земјоделскиот закон и населувањето на Словените во Византија. Моето истражување нема за цел да го утврдува националниот идентитет на земјоделецот во овој законик, но да ја објасни суштината на законикот преку анализа на системот на казнување. Земјоделскиот закон е насочен кон заштита на земјоделецот и неговиот имот – подвижен и недвижен, преку пропишување одредени правила и соодветни казни за непочитување на правилата. Казните кои се однесуваат на недвижниот имот се материјални, додека казните кои се однесуваат на подвижниот имот може да бидат материјални и/или телесни како тепање, камшикување, жигосување и осакатување. Капиталната казна ретко се појавува, бидејќи престапите што се направени во однос на имотот не се сметаат за капитални. Типот на казни во Земјоделскиот закон се слични на оние во Еклогата. Сепак, главната разлика се состои во тоа што во Земјоделскиот закон нема двојност во казнувањето. Во Земјоделскиот закон телесните казни не претставуваат алтернатива на паричната казна, но тие се единствената предложена казна. Ова е очекувано за законик кој се однесува само на една категорија поданици, земјоделците, кои не припаѓаат на високите сталежи т.н. honestiores.
26
Schneider, Irene. "Imprisonment in Pre-Classical and Classical Islamic Law." Islamic Law and Society 2, no. 2 (1995): 157–73. http://dx.doi.org/10.1163/1568519952599367.
Full textAbstract:
AbstractImprisonment, a generally accepted form of punishment in modern legal systems, existed also in Islamic law in the pre-classical and classical periods (second-sixth/eighth-thirteenth centuries), although Muslim jurists devoted only limited attention to the subject and Islamicists have largely ignored it. Muslim jurists of pre-classical and classical times concentrated their attention on pre-trial and administrative detention, especially imprisonment for debt. The jurists mention punitive detention as a supplementary measure that was enacted mostly in conjunction with corporal punishments (ḥudūd and taʿzīr). Because state authorities established a monopoly over criminal jurisdiction at a very early stage, it is possible that punitive detention played a more important role in practice than it did in theory. However, inasmuch as I found only a few examples in historical sources, it seems safe to conclude that punitive detention did not have the same status in pre-modern Islamic law that it does in modern law.
27
Sebar, Hind, and Shahrul Mizan Ismail. "THE USE OF FLOGGING AS A PUNISHMENT IN SAUDI ARABIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW." IIUM Law Journal 29, no. 1 (June 30, 2021): 77–102. http://dx.doi.org/10.31436/iiumlj.v29i1.609.
Full textAbstract:
Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.
28
Логунова, Любовь Евгеньевна. "HUMANIZATION OF BODY PENALTIES APPLIED TO THE MINISTERS OF THE CHURCH." Vestnik Samarskogo iuridicheskogo instituta, no. 2(43) (August 19, 2021): 46–51. http://dx.doi.org/10.37523/sui.2021.67.54.007.
Full textAbstract:
В XVIII в. служители церкви, не преодолев еще существующих ранее сложностей, вынужденно столкнулись с новыми проблемами в виде непростых отношений со светской государственной властью. Священнослужители, являясь на тот момент обособленной сословной группой, во многом привилегированной, в то же время наказывались за отдельные проступки и преступления наравне с представителями податных сословий российского общества, в том числе и телесно. Болезненные телесные наказания в рассматриваемый период были широко применимы и разнообразны: битье кнутом, битье розгами, битье плетьми, битье шелепами, битье шпицрутенами, битье батогами и т. д. Цели назначения и применения телесных наказаний также разнились: одних наказывали с целью воспитания, наказывая других, пытались устрашить, в некоторых случаях наказание несло функцию превенции и т. п. Законодатель в рассматриваемый исторический период увидел в существующей практике применения телесных наказаний противоречие между важной социальной ролью, определяемой государством и церковью для церковнослужителей и их реальным положением в социуме. Анализ путей преодоления законодателем и церковной властью этого противоречия и явился целью настоящего исследования. In the XVIII century, the ministers of the church, not having overcome the difficulties that still existed earlier, were forced to face new problems, in the form of difficult relations with the secular state power. The clergy, being at that time, a separate class group, largely privileged, at the same time, were punished for individual offenses and crimes on an equal basis with representatives of the taxable classes of Russian society, including physically. Painful corporal punishments in the period under review were widely applicable and varied: whipping, whipping with rods, whipping with whips, whipping with shelepami, whipping with shpitsruten, whipping with batogami, etc. The purpose of the appointment and application of corporal punishment also varied: some were punished for the purpose of education, punishing others, trying to intimidate, in some cases the punishment had the function of prevention, etc. The legislator in the historical period under review saw in the existing practice of the use of corporal punishment a contradiction between the important social role defined by the state and the church for churchmen and their real position in society. The purpose of this study is to analyze the ways in which the legislator and the church authorities overcome this contradiction.
29
Fehér, Andrea. "WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ." Journal of Education Culture and Society 6, no. 2 (January 1, 2020): 33–42. http://dx.doi.org/10.15503/jecs20152.33.42.
Full textAbstract:
The purpose of this presentation is to address the issue of female criminality in early modern Cluj, and to analyze women’s position before the law. Our investigation is based on the records of the secular Court from the town Cluj, where we have identified more than 250 cases of women accused of fornication, adultery, witchcraft, infanticide, theft and drunkenness, poisoning, swearing and slander. There were a significant number of female convictions during the century, from which most ended with light sentences, such as banishment, corporal punishments, stigmatizations with hot iron, mutilations and only occasionally death. We would like to analyze in detail the types of crime and their punishments presenting the legal background, the jurisdiction and the habitual practices of the Court. We would also like to underline the importance of the narrative strategies used in these inquisitorial trials, since our documents reveal female criminality from a male perspective, as in these times men ran the legal system, consequently the Court records, in our reading contain moral, legal and sexual elements of a male discourse on female crime.
30
Rezaei, Parastoo, Kayvan Aghabayk, and Lyndel Bates. "The Effect of Parenting Styles on Children’s Familiarity with Traffic Signs." Journal of Advanced Transportation 2021 (December 3, 2021): 1–16. http://dx.doi.org/10.1155/2021/2485992.
Full textAbstract:
The community, and especially the family, affects children’s traffic safety. Parents influence children’s current and future traffic behaviors. Numerous studies have demonstrated a relationship between parenting style and children’s behavioral problems such as antisocial behaviors and delinquency, so the modification of parenting styles could have a positive impact on the interactions between parents and children. In the literature on children’s traffic safety, parental influence has long been recognized as an important aspect of research, but parent-related factors are mostly unknown. In particular, a factor that can affect parents’ attitudes and children’s views of road safety is parenting style. Therefore, this study aims to examine children’s knowledge of traffic signs utilizing a parenting styles’ perspective. The determining role of demographic characteristics in traffic skills is critical and is investigated in this study. In this study, 1011 preschool, first-, second-, and third-grade students were interviewed and information about parenting styles and demographic characteristics were collected from questionnaires completed by parents. Through interviews, children’s familiarity with law enforcement and informative signs was assessed. Results indicated that older children and those with higher socioeconomic status had better skills in this field. The results also showed that parents could improve their children’s understanding of signs by less use of inconsistent discipline and corporal punishments. Parental negligence, contradictory use of corporal punishment, and nonuse of positive behaviors are some factors which are most likely related to children’s knowledge of traffic signs and rules. The findings of this study can guide parents and assist relevant authorities to implement policies to more effectively train young children by developing practical and targeted resources.
31
Strauch, Dieter. "Von der Geldbuße zu Gottes Gesetz: Die Reformation des schwedischen Strafrechts." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 106, no. 1 (August 27, 2020): 263–347. http://dx.doi.org/10.1515/zrgk-2020-0009.
Full textAbstract:
AbstractFrom Fine to Gods Law: The Reformation oft the Swedish Penal Law. The medieval Swedish Landscape Laws punished criminal offences by fines. In early modern times the number of corporal punishments and especially death penalties increased. Only from the 14th century male and female offenders were punished alike. Further great changes were brought about by the Reformation as the biblical Mosaic death penalties were put into action for serious offences according to Guds och Sveriges lag (God’s and Sweden’s Laws). During the 16th and 17th centuries no pardon was given in cases of biblical serious offences. Only in the 19th and 20th centuries criminal law was humanized. Death penalties were not abolished before the twentieth century.
32
Levchenko, K. B. "Corporal punishments of children: an efficient mean of education or the violation of the rights of a child." Ukrainian society 2006, no. 3-4 (September 29, 2006): 43–52. http://dx.doi.org/10.15407/socium2006.03-04.043.
Full text
33
Ellis, Robert Richmond. "Reading through the Veil of Juan Francisco Manzano: From Homoerotic Violence to the Dream of a Homoracial Bond." PMLA/Publications of the Modern Language Association of America 113, no. 3 (May 1998): 422–35. http://dx.doi.org/10.2307/463350.
Full textAbstract:
The Autobiografía of the Cuban slave poet Juan Francisco Manzano is the only Spanish American slave narrative written by a person living in slavery. In this text Manzano recounts his corporal punishments in graphic detail but explicitly veils certain key episodes of abuse. I contend that this veil is a marker of sexual assault and that the Autobiografía bears silent testimony to the rape of male slaves. Manzano, however, was not only a victim of homoerotic violence; in one of his poems, “Un sueño” (“A Dream”), he reconfigures homoerotic desire in a way that tentatively reconstitutes his self-integrity and establishes a bond of reciprocity with his enslaved brother. In Manzano's writing, then, homoeroticism is transformed from an instrument of oppression into an act of resistance that challenges the racist and masculinist violence of the colonial slave system.
34
Bailey, Victor. "English Prisons, Penal Culture, and the Abatement of Imprisonment, 1895–1922." Journal of British Studies 36, no. 3 (July 1997): 285–324. http://dx.doi.org/10.1086/386138.
Full textAbstract:
The prison method is callous, regular and monotonous and produces great mental and physical strain. The deprivation of liberty is extremely cruel and if it is attended with treatment that deadens the spiritual nature and fails to offer any stimulus to the imagination, that coarsens and humiliates, then it stands condemned. (Arthur Creech Jones, conscientious objector, Wandsworth Prison, 1916–19)The nineteenth century was the century of the penitentiary. Public and physical punishments (from whipping to the death penalty) were gradually replaced by the less visible, less corporal sanction of imprisonment. By the start of the Victorian era, imprisonment was the predominant penalty in the system of judicial punishments. For every 1,000 offenders sentenced at higher and summary courts in 1836 for serious (or indictable) offenses, 685 were punished by imprisonment in local prisons. By midcentury, moreover, sentences of penal servitude in convict prisons were plugging the gap left by the end of transportation to Australia. The three hundred or so local prisons in the 1830s, to which offenders were sent for anywhere between one day and two years (though typically for terms of less than three months), were locally controlled until 1877 and were less than uniform in regime. The separate system of prison discipline (or cellular isolation) increasingly prevailed over the silent system (or associated, silent labor), but it was subject to considerable local modification. Convict prisons were run by central government with less variability.
35
Schocket, Deborah Houk. "Contested Parental Authority in Jules Vallès's L'Enfant." Nottingham French Studies 52, no. 3 (December 2013): 257–67. http://dx.doi.org/10.3366/nfs.2013.0058.
Full textAbstract:
This article examines Jules Vallès's portrayal of an abusive parent-child relationship in his 1879 novel L'Enfant, showing how the author's narrative techniques, in particular his use of an unstable first-person narrative voice, undermine the notion of parental authority. Situating this novel in its historical context, I show that although it was published a decade before France's first law protecting children from physical abuse, authors of childrearing guides from as early as the 1820s were already advocating moral as opposed to corporal punishments for children. Not only does Vallès cast his critical eye on parent-child dynamics but also he widens the novel's scope by creating an analogy between the authority of parents in the home and that exercised by the State in schools. Moreover, through the young protagonist's rejection of his parents’ professional aspirations for him, Vallès's provocative novel challenges the classic nineteenth-century narrative of progress through upward social mobility.
36
Malikov, S. V. "Temporal Levels of Criminal Law: Significance for Theory and Practice." Lex Russica, no. 4 (May 2, 2019): 104–16. http://dx.doi.org/10.17803/1729-5920.2019.149.4.104-116.
Full textAbstract:
The use of methodological approaches of F. Brodel makes it possible to distinguish temporal levels in criminal law: finite and rapid changing. In the case of a crime, there are a number of crimes that have changed very slowly throughout history. The number of prohibited acts varied depending on the priorities of protection, leaving unchanged the protection of human life and health (murder, causing serious harm to health), state power (assault on the life of the sovereign and the foundations of public administration) and property (theft, robbery, robbery). Another temporal level of crime is rapid changing, which is determined by opportunistic (primarily political) considerations and undergoes significant changes at certain stages of development of society and the state. The content of this level can be filled through the criminalization and decriminalization of acts counteracting which is relevant in a relatively short period of time. Among all the available punishments, history also allows us to determine similar temporal levels. The death penalty, imprisonment and a fine can be referred to the finite one. All others (correctional labor, forced labor, exile, corporal punishment, deprivation of the right to occupy certain positions, etc.) are opportunistic or belong to the rapid changing temporal level. Methodologically, this division of the criminal law and its fundamental categories makes it possible not only to organize comparative legal research, develop rules of criminal law policy on criminalization and decriminalization, penalization and depenalization of acts, but also to predict the further development of criminal law, criminal law and criminal law doctrine.
37
Sharma, Prasun. "An Analytical Review of Cross Cultural Child-Rearing and Care Practices: A Special Reference to India." Central European Journal of Educational Research 2, no. 3 (November 30, 2020): 7–18. http://dx.doi.org/10.37441/cejer/2020/2/3/8525.
Full textAbstract:
Child-rearing is an individualist, social and cultural process. This paper proposes that Child-Rearing has invariable characteristics and huge diversity. It has been considered that cultural perspective may contribute to the understanding of such multiple forms of child-rearing. The present paper provides an analytical account of dominant factors of child-rearing and caring. The factors selection is done by reviewing the articles which have either more than 50 Google scholar citations or are indexed in top-class journals. It also aims to ascertain whether or not Indian child-rearing intrinsically has something different in its practices and which child-rearing patterns are global and common among all the countries. This article took majorly dominating factors in the area of child-rearing and provided a qualitative comparative account of India especially in relation to the world. Some factors are individualistic as parental attitude and the parent-child relationship. But the study found that corporal punishments, socialization and cultural factors have a strong impact on child-rearing. Altogether these factors affect the cognitive skills of children. The study will give a critical overview of child-rearing patterns in India and across the globe, which would be helpful for policymakers to create new policies and act accordingly.
38
Lansford, Jennifer E., Liane Peña Alampay, Suha Al-Hassan, Dario Bacchini, Anna Silvia Bombi, Marc H. Bornstein, Lei Chang, et al. "Corporal Punishment of Children in Nine Countries as a Function of Child Gender and Parent Gender." International Journal of Pediatrics 2010 (2010): 1–12. http://dx.doi.org/10.1155/2010/672780.
Full textAbstract:
Background. The purpose of this paper is to contribute to a global perspective on corporal punishment by examining differences between mothers' and fathers' use of corporal punishment with daughters and sons in nine countries.Methods. Interviews were conducted with 1398 mothers, 1146 fathers, and 1417 children (age range=7to 10 years) in China, Colombia, Italy, Jordan, Kenya, the Philippines, Sweden, Thailand, and the United States.Results. Across the entire sample, 54% of girls and 58% of boys had experienced mild corporal punishment, and 13% of girls and 14% of boys had experienced severe corporal punishment by their parents or someone in their household in the last month. Seventeen percent of parents believed that the use of corporal punishment was necessary to rear the target child. Overall, boys were more frequently punished corporally than were girls, and mothers used corporal punishment more frequently than did fathers. There were significant differences across countries, with reports of corporal punishment use lowest in Sweden and highest in Kenya.Conclusion. This work establishes that the use of corporal punishment is widespread, and efforts to prevent corporal punishment from escalating into physical abuse should be commensurately widespread.
39
Siswandi, Siswandi, Said Sampara, and Baharuddin Badaru. "Efektivitas Kejaksaan Dalam Pengembalian Kerugian Negara Akibat Tindak Pidana Korupsi." Journal of Lex Theory (JLT) 1, no. 2 (December 13, 2020): 213–27. http://dx.doi.org/10.52103/jlt.v1i2.263.
Full textAbstract:
Penelitian bertujuan untuk mengetahui efektivitas kejaksaan dalam upaya pengembalian kerugian negara akibat tindak pidana korupsi, dan faktor yang menghambat kejaksaan dalam upaya pengembalian kerugian negara akibat tindak pidana korupsi.Tipe penelitian ini adalah yuridis empiris. Hasil Penelitian penulis mendapatkan bahwa: Efektivitas kejaksaan dalam upaya pengembalian kerugian negara akibat tindak pidana korupsi belum efektif. Hal ini dikarenakan dalam penegakan hukum terhadap pelaku tindak pidana korupsi dalam rangka pengembalian kerugian negara ditemukan hambatan yakni, hambatan kultural bersumber dari kebiasaan negatif yang berkembang di masyarakat serta hambatan instrumental dalam bentuk peraturan perundang-undangan yang membuat penanganan tindak pidana korupsi tidak berjalan sebagaimana mestinya. Hukuman yang diterapkan hanya sebatas hukuman badan dan pengembalian kerugian negara sehingga tidak membuat pelaku tindak pidana korupsi tidak berkurang. Faktor yang menghambat kejaksaan dalam upaya pengembalian kerugian negara akibat tindak pidana korupsi antara lain: Minimnya saksi yang mendukung pembuktian perkara korupsi, Keterbatasan sarana dan prasarana, Penghitungan kerugian negara.
This study aims to determine the effectiveness of the prosecutor's office in an effort to recover state losses due to corruption, and the factors that hinder the prosecutor's office in trying to recover state losses due to corruption. The type of this research is juridical empirical. The results of the authors' research found that: The effectiveness of the prosecutor's office in recovering state losses due to corruption has not been effective. This is because in law enforcement against perpetrators of criminal acts of corruption in the context of recovering state losses, obstacles are found, namely, cultural barriers that arise from negative habits that develop in society as well as instrumental obstacles in the form of laws and regulations that make the handling of corruption crimes not run properly. The punishments that are applied are limited to corporal punishment and the return of state losses so that it does not reduce the perpetrators of corruption. Factors that hinder the prosecutor's office in efforts to recover state losses due to criminal acts of corruption include: The lack of witnesses who support proof of corruption cases, Limited facilities and infrastructure, Calculation of state losses.
40
Sulaiman, Gohar, Muhammad Wasim Jan Khan, Israr Ali, and Zujaj Ahmed. "Nexus of Students Behaviors and Teachers Attitudes With Corporal Punishment in Peshawar Schools." Review of Education, Administration & LAW 3, no. 3 (December 31, 2020): 359–70. http://dx.doi.org/10.47067/real.v3i3.81.
Full textAbstract:
Throughout the world corporal punishment is seen as initial matter. In order to ensure discipline, institutes used corporal punishment as a tool. This study is undertaken in the background of emerging nations particularly Pakistan. It has been observed that on account of corporate punishment in Pakistan mostly students quit educational institutes. The current study discovers the occasion on teacher’s perception regarding corporal punishment across various chosen institutes of KPK. This study targets several well educational institutes of Peshawar, utilizing a survey questionnaire as the data collection instrument. The results show that corporal punishment, as a tool leaves negative indelible imprints on the minds of students and needs to be discouraged. Several methods alternative to corporal punishment for controlling student’s behavior are unknown to teacher. Further, this study exhumes alternative methods that helps teacher in controlling students’ behavior in the schools.
41
Rich, Sylvia. "Corporate Criminals and Punishment Theory." Canadian Journal of Law & Jurisprudence 29, no. 1 (February 2016): 97–118. http://dx.doi.org/10.1017/cjlj.2016.4.
Full textAbstract:
Corporations are subject to criminal law and sentencing provisions in most legal jurisdictions in the world. This article considers how leading punishment theories apply to corporations. Corporations are, this article argues, group agents with the capacity to make moral judgments. It follows from this that retributivism, the dominant theory of punishment for moral agents, ought to be understood as a component justification of corporate punishment. However, a more fundamental problem arises in the attempt to apply punishment theory to corporations: punishment involves suffering, and corporations cannot suffer in the relevant sense. This means that corporations cannot be punished, though they can be harmed. I explore the possibilities of simply abandoning the word ‘punishment’ and creating sentences that are not at the same time punishments. This has the drawback of limiting what the criminal law can accomplish when it comes to addressing corporate malfeasance. I find that at least one practical consequence for corporate sentencing follows from this theoretical distinction: sentencers have more legitimate authority to raise upper limits for sentences for corporations than they do for individuals, though there are still principles that dictate the need for upper limits. Despite the impossibility of true punishment, the theories of retributivism, deterrence and rehabilitation are still relevant when sentencing corporations.
42
Morris, Sara Z., and Chris L. Gibson. "Corporal Punishment’s Influence on Children’s Aggressive and Delinquent Behavior." Criminal Justice and Behavior 38, no. 8 (May 17, 2011): 818–39. http://dx.doi.org/10.1177/0093854811406070.
Full textAbstract:
Studies show that children subjected to corporal punishment may engage in more aggression and delinquent behaviors than those who are not. Past research, however, is limited methodologically. This is largely the result of a lack of matched corporally punished and nonpunished children. To address this limitation, a propensity score matching analysis was used to estimate the effects of corporal punishment on children’s behaviors. Using data from the longitudinal study of the Project on Human Development in Chicago Neighborhoods, findings indicate that (a) a large amount of selection bias exists, indicating that child and family characteristics of those subjected to corporal punishment are substantially different from characteristics of those not punished, and (b) when children exposed to corporal punishment (vs. those who are not) are matched on their propensities of being punished, the relationship between punishment and subsequent aggression and delinquency become statistically nonsignificant and substantively small. Findings are discussed in light of past research on corporal punishment, and limitations of the current study and ways of overcoming them in the future are discussed.
43
Ali, Asghar, Mushtaq Ahmad Malik, and Itbar Khan. "Psychological Trauma and Corporal Punishment." Global Social Sciences Review IV, no. II (June 30, 2019): 102–9. http://dx.doi.org/10.31703/gssr.2019(iv-ii).14.
Full textAbstract:
The study analyzes Psychological Trauma as a result of Corporal Punishment at Secondary Level. The population was all the students of 10th class which made a population of 30200 students in Tehsils of District Malakand of KPK. Sixteen secondary schools and twenty-six students from each school were taken as a sample by using a simple random method. The research instrument DASS 42 about corporal punishment used four options, i.e.at home, at school, both at home and school and neither at home nor at school. The questionnaire was administered to 416 students and 400 were received. The findings of the study were that a significant association of corporal punishment with psychological trauma i.e. depression, anxiety and stress was found. The students were corporally punished both at homes and schools had moderate or severe level of stress, anxiety and depression..
44
Thomas, W. Robert. "The Conventional Problem with Corporate Sentencing (and One Unconventional Solution)." New Criminal Law Review 24, no. 3 (2021): 397–432. http://dx.doi.org/10.1525/nclr.2021.24.3.397.
Full textAbstract:
A recent wave of expressive accounts of corporate criminal law operate on the promise that corporate punishment can express a unique form of condemnation not capturable through civil enforcement. Unfortunately, the realities of corporate sentencing have thus far failed to make good on this expressive promise. Viewed in light of existing conventions that imbue meaning into our practices of punishment, corporate sentences rarely impose hard treatment in a manner or degree that these conventions seem to require. Accordingly, standard corporate sanctions turn out to be ill-suited to deliver—and, often, will likely undermine—the stigmatic punch upon which expressive defenses of corporate criminal law depend. A common response to this conventional problem with corporate sentencing has been to propose more, and harsher, corporate punishments. However, this approach overlooks the extent to which corporate punishment derives its stigmatic force from preexisting norms and conventions concerning individual punishment. If trying to improve corporate punishment, then, expressivists might instead seek either to leverage or to dismantle the underlying conventions that give existing sanctions meaning. An example of the former strategy would be to revitalize long-neglected proposals for corporate shaming by adopting a criminal convention currently absent from the corporate space—namely, the pervasive, stigmatic application of epithets like “thief” or “felon.” An example of the latter would be to join criminal justice reformers in targeting conventions that, in recent decades, have enabled increasingly draconian sentencing practices. On this view, dissolving corporate sentencing’s conventional problem may represent a further, incidental benefit of systemic criminal justice reform.
45
Bauman, Laurie J., and Stanford B. Friedman. "CORPORAL PUNISHMENT." Pediatric Clinics of North America 45, no. 2 (April 1998): 403–14. http://dx.doi.org/10.1016/s0031-3955(05)70015-8.
Full text
46
Zolotor, Adam J. "Corporal Punishment." Pediatric Clinics of North America 61, no. 5 (October 2014): 971–78. http://dx.doi.org/10.1016/j.pcl.2014.06.003.
Full text
47
Sawyer, Thomas H., John Barnes, and Todd Seidler. "Corporal Punishment." Journal of Physical Education, Recreation & Dance 74, no. 5 (May 2003): 7–8. http://dx.doi.org/10.1080/07303084.2003.10608477.
Full text
48
Arthur, Raymond. "Corporal Punishment." Journal of Commonwealth Law and Legal Education 3, no. 1 (November 2005): 53–65. http://dx.doi.org/10.1080/14760401.2005.12005937.
Full text
49
&NA;, &NA;. "CORPORAL PUNISHMENT." Journal of Developmental & Behavioral Pediatrics 18, no. 5 (October 1997): 357. http://dx.doi.org/10.1097/00004703-199710000-00020.
Full text
50
Benatar, David. "Corporal Punishment." Social Theory and Practice 24, no. 2 (1998): 237–60. http://dx.doi.org/10.5840/soctheorpract19982423.
Full text