Corporal punishment

Corporal punishment is forced pain intended to change a person's behaviour or to punish them. Historically speaking, most punishments, whether in judicial, domestic, or educational settings, were corporal in basis. History has many instances of corporal punishment.

In the Western world, corporal punishment has been largely rejected for crimes in favor of other disciplinary methods. Modern judiciaries often favor fines or incarceration, whilst modern school discipline generally avoids physical correction altogether.

However corporal punishment is still used in many domestic settings, though it has been banned in over seventeen countries. Corporal Punishment in Canada is restricted to children under the age of 13], and only by parents or guardians, and only such punishment that does not leave marks.

History of corporal punishment

"The naughty children"; German Caricature of 1849.

While the early history of corporal punishment is unclear, the practice was certainly present in classical civilizations, being used in Greece, Rome, Egypt and Israel, for both judicial and educational discipline. Practices varied greatly, though scourging and beating with sticks were common. Some states gained a reputation for using such punishments cruelly; Sparta, in particular, used frequent part of a disciplinary regime designed to build willpower and physical strength. Although the Spartan example was unusually extreme, corporal punishment was possibly the most common type of punishment.

In Medieval Europe, corporal punishment was encouraged by the attitudes of the medieval church towards the human body, with flagellation being a common means of self-discipline. In particular, this had a major 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 cruel treatment of children.

From the sixteenth century onwards, new trends were seen in corporal punishment. Judicial punishments were increasingly made into public spectacles, with the public beatings of criminals intended as a deterrent to other would-be miscreants. Meanwhile, early writers on education, such as Roger Ascham, complained of the arbitrary manner in which children were punished. Probably the most influential writer on the subject was the English philosopher John Locke, whose Some Thoughts Concerning Education explicitly criticized the central role of corporal punishment in education. Locke's work was highly influential, and in part influenced Polish legislators to ban corporal punishment from Poland's schools in 1783.

During the eighteenth century the frequent use of corporal punishment was heavily criticized, both by philosophers and legal reformers. Merely inflicting pain on miscreants was seen as inefficient, influencing the subject merely for a short period of time and effecting no permanent change in their behaviour. Critics 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 reduced the need of measures such as corporal punishment.

A consequence of this mode of thinking was a diminution of corporal punishment throughout the nineteenth 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 1847, and the death of Reginald Cancellor, who was killed by his schoolmaster in 1860. Events such as these mobilized public opinion, and in response, many countries introduced thorough regulation of the infliction of corporal punishment in state institutions.

The use of corporal punishment declined through the twentieth century, though the practice has proved most persistent as a punishment for violation of prison rules, as a military field punishment, and in schools.

Modern usage

In the modern world, corporal punishment remains a common way of disciplining children however its use has declined significantly since the 1950s. It has been outlawed in many countries; however, some legal systems permit parents to use mild corporal punishment on their children, although many parents do not or use it, or at least do so rarely. Race and gender have a significant influence on corporal punishment in the western world. Black children and male children are much more likely to be hit at home and school and corporal punishment of boys tends to be more severe, more frequent and more aggressive than corporal punishment administered to girls . Ironically, while the research suggests that corporal punishment is potentially counterproductive for children, it is even more counterproductive for boys than girls. In terms of punishment in educational settings, approaches vary throughout the world. School corporal punishment is banned in most western nations and in industrialized nations outside the west. All of Western Europe, most of Eastern Europe, New Zealand, Japan and South Africa have banned school corporal punishment, as have many other countries. Corporal punishment is legal in some parts of Canada. In Australia, corporal punishment is banned in all state schools but continues in private schools in a couple of states. In the United States, 23 states allow corporal punishment in schools. There is some disagreement about how much paddling occurs in US schools. Some estimates place the number of paddlings at approximately 350,000 a year, while the National Association of School Psychologists places the number at 1.5 million cases a year. Evidence suggests that in the United States, racial and sexual discrimination play a large role in school corporal punishment, with black students being much more likely to be hit than white students, and male students being much more likely to be hit than female students, for the same infractions. Corporal punishment of male students also tends to be more severe and more aggressive . In some places, this sexual discrimination has the force of law. For instance, in Queensland, Australia, school corporal punishment of girls was banned in 1934 but corporal punishment of boys in private schools is still legal in 2007. Some societies retain widespread use of judicial corporal punishment, including Malaysia and Singapore. In Singapore, male offenders are typically sentenced to caning in addition to a prison term. The Singaporean practice of caning became much discussed in the U.S. in 1994 when American teenager Michael P. Fay was sentenced to such punishment for an offence of car vandalism.

When used in the home as a form of domestic punishment for children, smacking (spanking in American English) is most common form of corporal punishment, although this form of punishment of children is in declining use and/or banned in many countries.

The legality of punishment

While the domestic corporal punishment of children is still accepted in some countries (mostly Eastern), it is declining in many others; it is even illegal in a number of countries. The practice has been banned in Austria, Bulgaria, Croatia, Cyprus, Denmark, Finland, Germany, Greece, Hungary, Iceland, India, Israel, Italy, Latvia, Norway, Romania, South Africa, Sweden, the Netherlands, Ukraine, Uruguay and New Zealand. In France, it was technically legal to practice Corporal Punishment in schools, but in 2000 a french court declared corporal punishment is no longer allowed under the laws of "right to correction" in schools, basically abolishing it. These developments are comparatively recent, with Sweden, in 1979, being the first country to forbid corporal punishment by law. In a number of other countries there is active debate about its continued usage. In the United Kingdom its total abolition has been discussed. The Australian state of Tasmania also is continuing to review the state's laws on the matter, and may seek to ban the use of corporal punishment by parents. The matter is also under review in other Australian states.

United Nations human rights standards prohibit all corporal punishment.

Such debates, however, do not always lead to the banning of domestic corporal punishment and The Supreme Court of Canada recently reaffirmed in Foundation v. Canada the right of a parent or guardian to use corporal punishment on children between the ages of two and twelve; this decision was contentious, being based upon s.43 of the Criminal Code of Canada, a provision enacted in 1892. Similarly, despite some opposition to corporal punishment in the U.S., spanking children is legal, with some states explicitly allowing it in their law and 23 US states allowing its use in public schools.. A ban has been proposed in Massachusetts and California, on all corporal punishment of children, including by parents, and a series of laws in Minnesota severely restrict the use of corporal punishment of children.

In most parts of Eastern Asia (including China, Taiwan, Japan, Philippines, and Korea it is legal to punish one's own child using physical means. In Singapore and Hong Kong, punishing one's own child with corporal punishment is either legal but discouraged, or illegal but without active enforcement of the relevant laws. Culturally, people in the region generally believe a minimal amount of corporal punishment for their own children is appropriate and necessary, and thus such practice is tolerated by the society as a whole.

In the Philippines, corporal punishment is used on children at the home, as well as at school. The parents use belts, their hands, and caning to discipline their children.

The People's Republic of China and Taiwan have made corporal punishment against children illegal in the school system, but it is still known to be practiced in some form in many areas (see Corporal punishment in Taiwan). The most common forms of punishment are mild chastisements, such as shaking by the arm or shoulder, or slapping the back of the head or ear; more serious punishments, such as striking with the cane, are less common. Such incidents are increasingly leading to public outcry, and in recent years have lead to the dismissal of teaching staff. Similarly, in South Korea, corporal punishments occur for students if they forget their homework, violate school rules, or are tardy to school.

There is resistance, particularly from conservatives, against making the corporal punishment of children by their parents or guardians illegal. In 2004, the United States declined to become a signatory of the United Nations's "Rights of the Child" because of its sanctions on parental discipline, citing the tradition of parental authority in that country and of privacy in family decision-making.

Most countries have banned the use of corporal punishment in schools, beginning with Poland in 1783. The practice is still used in schools in some parts of the United States (approximately 1/2 the states but varying by school districts within them), though it is banned in others. Many schools, even within the 23 states, require written parent approval before any physical force is used upon a child.

The Supreme Court of India banned corporal punishment in 2000 and by law, it is banned in the states of Delhi, Andhra Pradesh, Goa and Tamil Nadu. However, in spite of being illegal, several incidents of corporal punishment take place and most go unreported. Significantly, in one of its judgments, the Delhi High Court held that children should be allowed to acquire education with dignity and in an atmosphere free from fear of punishment, physical or otherwise. They should not be slapped or canned by teachers in schools and corporal punishment is violative of the children's fundamental rights to equality before law and the life and personal liberty. The new guidelines issued by National Commission for Protection of Child Rights, which have not entered into law as on September 11, 2007 make it a crime to scold students or call them "stupid" or "mindless" in class.[4]

Some nations retain judicial applications of corporal punishment to child offenders, for instance Iran. [5];

Criticism of corporal punishment

Academic studies have established that under some circumstances, corporal punishment of children can increase short-term compliance with parental commands, although comparisons in the same studies with alternative punishments such as one-minute time-outs did not establish that corporal punishment was more effective.

The American Academy of Pediatrics (AAP), however, in an official policy statement [6] (reaffirmed in 2004) states that "Corporal punishment is of limited effectiveness and has potentially deleterious side effects. The American Academy of Pediatrics recommends that parents be encouraged and assisted in the development of methods other than spanking for managing undesired behavior." In particular, the AAP believes that any corporal punishment methods other than open-hand spanking on the buttocks or extremities "are unacceptable" and "should never be used". The policy statement points out, summarizing several studies, that "The more children are spanked, the more anger they report as adults, the more likely they are to spank their own children, the more likely they are to approve of hitting a spouse, and the more marital conflict they experience as adults." Spanking has been associated with higher rates of physical aggression, more substance abuse, and increased risk of crime and violence when used with older children and adolescents."

The American Psychological Association opposes the use of corporal punishment in schools, juvenile facilities, child care nurseries, and all other institutions, public or private, where children are cared for or educated (Conger, 1975). They state that corporal punishment is violent, unnecessary, may lower self-esteem, is likely to train children to use physical violence, and is liable to instill hostility and rage without reducing the undesired behavior.

The Canadian Pediatrics Society policy on corporal punishment states "The Psychosocial Paediatrics Committee of the Canadian Paediatric Society has carefully reviewed the available research in the controversial area of disciplinary spanking (7-15)... The research that is available supports the position that spanking and other forms of physical punishment are associated with negative child outcomes. The Canadian Paediatric Society, therefore, recommends that physicians strongly discourage disciplinary spanking and all other forms of physical punishment"

England's Royal College of Paediatrics and Child Health and Royal College of Psychiatrists have called for a complete ban on all corporal punishment, stating "We believe it is both wrong and impracticable to seek to define acceptable forms of corporal punishment of children. Such an exercise is unjust. Hitting children is a lesson in bad behaviour." and that "it is never appropriate to hit or beat children"

The Australian Psychological Society holds that physical punishment of children should not be used as it has very limited capacity to deter unwanted behavior, does not teach alternative desirable behavior, often promotes further undesirable behaviors such as defiance and attachment to "delinquent" peer groups, encourages an acceptance of aggression and violence as acceptable responses to conflicts and problems

UNESCO states "During the Commission on Human Rights, UNESCO launched a new report entitled "Eliminating Corporal Punishment - The Way Forward to Constructive Child Discipline". The United Nations Committee on the Rights of the Child has consistently recommended States Parties to the Convention on the Rights of the Child to prohibit corporal punishment and other forms of violence against children in institutions, in schools, and in the homes...To discipline or punish through physical harm is clearly a violation of the most basic of human rights. Research on corporal punishment has found it to be counterproductive and relatively ineffective, as well as dangerous and harmful to physical, psychological and social well being. While many States have developed child protection laws and systems violence still continues to be inflicted upon children"

The United Nations Committee on the Rights of the Child recommends that States Parties to the Convention on the Rights of the Child to prohibit corporal punishment in institutions, in schools, and in the home.

Many opponents of corporal punishment argue that any form of violence is by definition abusive. Psychological research indicates that corporal punishment causes the deterioration of trust bonds between parents and children. Children subjected to corporal punishment may grow resentful, shy, insecure, or violent. Adults who report having been slapped or spanked by their parents in childhood have been found to experience elevated rates of anxiety disorder, alcohol abuse or dependence and externalizing problems as adults. Some researchers believe that corporal punishment actually works against its objective (normally obedience), since children will not voluntarily obey an adult they do not trust. A child who is physically punished may have to be punished more often than a child who is not. Researcher Elizabeth Gershoff, Ph. D., in a 2002 meta-analytic study that combined 60 years of research on corporal punishment, found that the only positive outcome of corporal punishment was immediate compliance; however, corporal punishment was associated with less long-term compliance. Corporal punishment was linked with nine other negative outcomes, including increased rates of aggression, delinquency, mental health problems, problems in relationships with their parents, and likelihood of being physically abused.

Opponents claim that much child abuse begins with spanking: a parent accustomed to using corporal punishment may find it all too easy, when frustrated, to step over the line into physical abuse. One study found that 40% of 111 mothers were worried that they could possibly hurt their children. It is argued that frustrated parents turn to spanking when attempting to discipline their child, and then get carried away (given the arguable continuum between spanking and hitting). This "continuum" argument also raises the question of whether a spank can be "too hard" and how (if at all) this can be defined in practical terms. This in turn leads to the question whether parents who spank their children "too hard" are crossing the line and beginning to abuse them.

Before 1997, although there were many studies linking spanking with higher levels of misbehaviour in children, people could argue that it was the misbehaviour that caused the spanking. However, since that time several studies have examined changes in behaviour over time and propose a link between corporal punishment and increasing relative levels of misbehaviour compared to similar children who were not corporally punished. Reasons for corporal punishment possibly causing increased misbehaviour in the long run may include: children imitating the corporally-punishing behaviour of their parents by hitting other people; acting out of resentment stemming from corporal punishment; reduced self-esteem; loss of opportunities to learn peaceful conflict resolution; punishing the parents for the acts of corporal punishment; and assertion of freedom and dignity by refusing to be controlled by corporal punishment.

The problem with the use of corporal punishment is that, if punishments are to maintain their efficacy, the amount of force required may have to be increased over successive punishments. This was observed by the American Academy of Pediatrics, [7] which stated that: "The only way to maintain the initial effect of spanking is to systematically increase the intensity with which it is delivered, which can quickly escalate into abuse". Additionally, the Academy noted that: "Parents who spank their children are more likely to use other unacceptable forms of corporal punishment."

Another problem with corporal punishment, according to the skeptics, is that it polarizes the parent-child relationship, reducing the amount of spontaneous cooperation on the part of the child. The AAP policy statement says "...reliance on spanking as a discipline approach makes other discipline strategies less effective to use". Thus it has an addiction-like effect: the more one spanks, the more one feels a need to spank, possibly escalating until the situation is out of control.

Corporal punishment, fetishism, and BDSM

Corporal punishment is sometimes fetishized, and is the basis of a number of paraphilias, most notably erotic spanking. This phenomenon was first noted by the German psychologist Richard von Krafft-Ebing, who suggested that sadism and masochism often developed out of the experience of children receiving corporal punishment at school. Whilst this has been a popular interpretation, it was disputed by Sigmund Freud, who suggested that a sexual interest in corporal punishment developed in early childhood and rarely related to actual experiences of punishment.

Ritual and punishment

Corporal punishment in formal settings, such as schools and prisons, is often highly ritualised, sometimes even staged in a highly theatrical manner. To a great extent the spectacle of punishment is intended to act as a deterrent to others and a theatrical approach is one result of this.

One consequence of the ritualised nature of much punishment has been the development of a wide variety of equipment used. Formal punishment often begins with the victim stripped of some or all of their clothing and secured to a piece of furniture, such as a trestle, frame, punishment horse or falaka. A variety of implements are then used to inflict blows on the victim. The terms used to describe these are not fixed, varying by country and by context. There are, however, a number of common types which are frequently encountered when reading about corporal punishment. These are:

• The bastinado.
• The rod. A thin, flexible rod is often called a switch.
• The birch, a number of strong, flexible branches, bound together in their natural state.
• The bamboo canes. A durable rottan cane is often called a rattan.
• The paddle, a flat wooden board or leather pad with a handle.
• The strap. A strap with a number of tails at one end is called a tawse in Scotland and northern England.
• The whip. Varieties include the Russian knout and South African sjambok, in addition to the scourge and martinet.
• The cat o' nine tails was a popular implement used in naval discipline.
• The hairbrush and belt are traditionally used in the United States and Great Britain as an implement for domestic spanking.
• The Wooden spoon, commonly used in Australia
• The wired clothes hanger, a common and easily available substitute for a bamboo canes in Hong Kong.

In some instances the victim of punishment is required to prepare the implement which will be used upon them. For instance, sailors were employed in preparing the cat o' nine tails which would be used upon their own back, whilst children were sent to cut a switch or rod.

In contrast, informal punishments, particularly in domestic settings, tend to lack this ritual nature and are often administered with whatever object comes to hand. It is common, for instance, for belts, wooden spoons, slippers or hairbrushes to be used in domestic punishment, whilst rulers and other classroom equipment have been used in schools.

In parts of England, boys were formerly beaten under the old tradition of "Beating the Bounds" when a boy was paraded around the boundary of an area of a city or district and would often ask to be beaten on the buttocks. One famous "Beating the Bounds" happened around the boundary of St Giles and the area where Tottenham Court Road now stands in London. The actual stone that separated the boundary is now under the Centerpoint office block. See "London" by Peter Ackroyd for more information on this subject.

Administration of punishment

In formal punishment medical supervision is often considered necessary to assess whether the target of punishment is in a fit condition to be beaten and to oversee the punishment to prevent serious injury from occurring. The role of the medical officer was particularly important in the nineteenth century, a time in which severe punishment was common, but growing public criticism of the practice encouraged medical regulation.

Corporal punishment can be directed at a number of different anatomical targets, the choice depending on a number of factors. The humiliation and pain of a particular punishment have always been primary concerns, but convenience and custom are also factors. There is an additional concern in the modern world about the permanent harm that can result from punishment, though this was rarely a factor before the nineteenth century. The intention of corporal punishment is to discipline an individual with the infliction of a measure of pain, and permanent injury is considered counterproductive.

• Most commonly, corporal punishment is directed at the buttocks, with some languages having a specific word for their chastisement. For example, the French call this fessée, the Spanish nalgada. The English term spanking refers to punishment on the buttocks, though only with the open hand. This part of the body is often chosen because it is painful, but is arguably unlikely to cause long-term physical harm. In the United Kingdom the term spanking is becoming more associated with sex play and the term smacking is used more often.
• The back is commonly targeted in military and judicial punishments, particularly popular in the seventeenth and eighteenth centuries. However, damage to both spine and kidneys is possible and such punishment is rarely used in the modern world.
• Although the face and particularly the cheeks may be struck in domestic punishment, formal punishments avoid the head because of the serious injuries that can result. In some countries, domestic and school punishments aimed at the head are considered assault.
• The hands are a common target in school discipline, though rarely targeted in other forms of corporal punishment. Since serious injury can be caused by striking the hand, the implements used and the numbers of blows must be strictly controlled.
• In Western Asia corporal punishment was directed against the feet. Although this was mostly used on criminals, a version was in use in schools in the region.

One common problem with corporal punishment is the difficulty with which an objective measure of pain can be determined and delivered. In the nineteenth century scientists such as Alexander Bain and Francis Galton suggested scientific solutions to this, such as the use of electricity. These were, however, unpopular and perceived as cruel. The difficulty in inflicting a set measure of pain makes it difficult to distinguish punishment from abuse, and has contributed to calls for the abolition of the practice.

See also

• Washing out mouth with soap
• Birching
• Caning
• Child abuse
• Domestic violence
• Hotsaucing
• Paddle
• Punishment
• School discipline
• Spanking

External links

• Nordics first to ban corporal punishment on children
• Ontario Consultants on Religious Tolerance spanking page
• Mississippi Teacher Corps Focus Paper on Corporal Punishment
• List of worldwide ban on Corporal Punishment