Chastisement
   HOME

TheInfoList



OR:

Chastisement is the infliction of
corporal punishment A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on Minor (law), minors, especially in home and school settings, its methods may include spanking or Padd ...
as defined by law.


Minors

English
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
allowed parents and others who have "lawful control or charge" of a child to use "moderate and reasonable" chastisement or correction. In the 1860 Eastbourne manslaughter case,
Alexander Cockburn Alexander Claud Cockburn ( ; 6 June 1941 – 21 July 2012) was a Scottish-born Irish-American political journalist and writer. Cockburn was brought up by British parents in Ireland, but lived and worked in the United States from 1972. Together ...
as Chief Justice ruled: "By the law of England, a parent ... may for the purpose of correcting what is evil in the child, inflict moderate and reasonable corporal punishment, always, however, with this condition, that it is moderate and reasonable." It was left to the courts to decide what is meant by "moderate and reasonable" in any particular case. The rights of parents, guardians and teachers, in regard to the chastisement of children, were expressly recognized in English law by the Prevention of Cruelty to Children Act 1904 (§ 28). A master had a right to inflict moderate chastisement upon his
apprentice Apprenticeship is a system for training a potential new practitioners of a Tradesman, trade or profession with on-the-job training and often some accompanying study. Apprenticeships may also enable practitioners to gain a license to practice in ...
for neglect or other misbehaviour, provided that he did so himself, and that the apprentice was under age (Archbold, Cr. Pl., 23rd ed., 795). In
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
, section 58 of the
Children Act 2004 The Children Act 2004 (c. 31) is an Acts of Parliament in the United Kingdom, Act of the Parliament of the United Kingdom. The Act amended the Children Act 1989, largely in consequence of the Murder of Victoria Climbié, Victoria Climbié inquir ...
enables parents to justify
common assault Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is pro ...
or
battery Battery or batterie most often refers to: * Electric battery, a device that provides electrical power * Battery (crime), a crime involving unlawful physical contact Battery may also refer to: Energy source * Battery indicator, a device whic ...
of their children as "reasonable punishment", but prevents the defence being used in relation to
Assault occasioning actual bodily harm Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and t ...
(i.e. when causing anything beyond "transient and trifling" such as bruising) and any more serious harm. In law in the Republic of Ireland, the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
allowing "physical chastisement" by teachers was abolished in 1997, and the common-law defence of "reasonable chastisement" by parents and guardians was abolished in 2015.


Married women

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...
wrote in the 18th century in the
Commentaries on the Laws of England The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarend ...
: In the UK the old law of moderate correction was similarly removed in 1891. By the end of the 1870s the right of a husband to chastise his wife had generally met with disapproval in the US, even in states which formerly agreed to the practice. Courts did overrule the common-law principle that a husband had the right to "physically chastise an errant wife".Calvert, R. "Criminal and civil liability in husband-wife assaults", in ''Violence in the family'' (Suzanne K. Steinmetz and Murray A. Straus, eds.), Harper & Row, New York, 1974. p
89
/ref> It has been held that a man can not beat his adulterous wife, drunken, insolvent or refractory wife. Nor pull her hair, choke her, spit in her face or kick her about the floor.


See also

*
Assault occasioning actual bodily harm Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and t ...
* Castigation *
Corporal punishment A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on Minor (law), minors, especially in home and school settings, its methods may include spanking or Padd ...
*
Corporal punishment in the home Physical or corporal punishment by a parent or other legal guardian is any act causing deliberate physical pain or discomfort to a minor child in response to some undesired behavior. It typically takes the form of spanking or slapping the chi ...
*
Domestic violence Domestic violence is violence that occurs in a domestic setting, such as in a marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes r ...
*
Marital rape Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and doesn't always involve physical violence. Marital rape is considered a form of dome ...
*


References

{{Reflist Common law Punishments