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PUNISHMENT

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Posts tagged corporal punishment
Corporal Punishment

By Ole Martin Moen & Aksel Braanen Sterri

Corporal punishment is punishment by means of infliction of bodily pain. In this chapter we discuss the ethical permissibility of corporal punishment, focusing on the method of judicial caning as this is carried out in Singapore. We compare the overall effects of this type of corporal punishment to incarceration in three domains: the welfare of individual convicts (Section 1), fairness between different categories of convicts (Section 2), and the welfare of society at large (Section 3). We conclude that although there are downsides to corporal punishment that should be taken very seriously, this method of punishment also has a number of upsides. We are mistaken, moreover, if we assume that it is more humane to inflict psychological pain over long stretches of time (as in the case of incarceration) than to inflict intense bodily pain over a very short period of time (as in the case of corporal punishment).

The Oxford Handbook of the Philosophy of Punishment, 2024, 25p.

Effect of Corporal Punishment on Students’ Motivation and Classroom Learning

By Iqbal Ahmad, Hamdan Said, Faisal Khan

This study investigates how corporal punishment affects students’ motivation and classroom learning, focusing on secondary school teachers in Pakistan. Using a correlation design and data from 250 teachers, the authors found a significant negative relationship between corporal punishment and both motivation and learning outcomes. The research draws from psychological and educational theory to argue that such disciplinary measures not only diminish students' enthusiasm and academic performance but may also contribute to long-term emotional and behavioral issues. It recommends non-violent and supportive teaching methods to foster effective learning environments.

(Review of European Studies, Vol. 5, No. 4, 2013, pp. 130–134)

Teachers’ and learners’ perceptions of alternatives to corporal punishment: A human rights perspective

By: Michael L. Marumo and Connie Zulu

Maintaining good learner discipline continues to be a battle in many schools amidst debates around the human rights of learners and the effectiveness of current systems of learner discipline. The purpose of this study was to investigate teachers’ and learners’ perceptions of alternatives to corporal punishment in Mahikeng Township secondary schools of the North-West province in South Africa. A qualitative research design based on the social constructivist or interpretive paradigm was adopted in this study. Teachers who had been in the field before the official banning of corporal punishment were purposefully selected from four schools. Grade 11 and 12 learners were also purposefully sampled on the basis of their ‘maturity’ as senior learners who had been in the school long enough to experience the new, alternative disciplinary measures. Data were collected through focus group interviews, four with educators and four with learners, and thereafter subjected to qualitative data analysis procedures. The findings showed conflicting perceptions. Although some teachers and learners felt that alternative forms of discipline were effective to a certain extent, the general perception was one of scepticism. Both teachers and learners expressed the need for a return to corporal punishment in cases of serious misconduct. Some learners applauded the introduction of alternative forms of discipline only because this system replaced what was considered to be an abusive system of corporal punishment. Although teachers attributed their negative perceptions to a lack of adequate training in the implementation of alternative forms of discipline, continuous repetition by learners of the same offences for which they had been ‘positively’ disciplined resulted in learners’ negative perceptions. The main recommendation is that follow-up training and workshops on alternative forms of discipline should be regularly held for teachers to develop confidence in the use of these strategies and to improve perceptions.

A scholarly inquiry into disciplinary practices in educational institutions, January 2019

Attitudes towards corporal punishment and reporting of abuse

By: Emanuel Tirosh, Shlomit Offer Shechter, Ayala Cohen, and Michael Jaffe

Objectives: To assess physicians’ attitudes towards corporal punishment in childhood and their subsequent actions regarding the reporting of child abuse.

Participants: 107 physicians (95 pediatricians and 12 family practitioners) who work in hospitals and community clinics in northern Israel were interviewed. Of the participants, 16% were new immigrants.

Procedure: A structured interview was conducted by one of two pediatric residents.

Results: Attitudes towards corporal punishment were not influenced by the physicians’ sex or specialty. Corporal punishment was approved by 58% of the physicians. A significant difference in attitudes towards corporal punishment between immigrants and Israeli-born physicians was found (p = .004). Family practitioners and especially senior ones were found significantly less tolerant towards corporal punishment than pediatricians (p = .04). While reporting behavior was not found to be associated with parental status and the past experience of the physicians with child abuse, a significant effect of attitudes towards corporal punishment on reporting behavior was found (p = .01).

Conclusions: (1) Corporal punishment is still perceived as an acceptable disciplinary act by a significant proportion of physicians responsible for the health care of children in our area. (2) Attitudes towards corporal punishment are different between immigrants and native-born Israeli-trained doctors and, unexpectedly, pediatricians were more tolerant of corporal punishment than family practitioners.

Child Abuse & Neglect 27 (2003) 929–937

The Need to Protect Children: Increasing Evidence of the Problem of Corporal Punishment in Pakistan

By: Rose Ashraf and George W Holden

It is increasingly being recognized that children have the right to not be hit by anyone, including parents and teachers. This chapter focuses on the need to protect children from corporal punishment (CP) and represents an update to our chapter in the first edition (Holden & Ashraf, 2016). The chapter will review what is known about the use of CP in one country in South Asia: Pakistan. The chapter marshals the available evidence about the prevalence of CP in the home and schools, as well as problems associated with its use. We then examine the legal status of corporal punishment from the perspective of federal, provincial, and Shariah laws. Recent efforts at federal law reform will then be reviewed. The final section of the chapter will provide recommendations for advancing the protection of Pakistani children from CP and their right to safety.

Child Safety, Welfare and Well-being, Issues and Challenges, March 2022

Attitudes of Stakeholders and the Use of Corporal Punishment as a Tool for Discipline in Public Secondary Schools, Western Region of Kenya

By: Eunice K. Najoli, Tawanda Runhare, James B. Ouda

Since the beginning of this century, a global tendency to abolish corporal punishment has been introduced to challenge old dependence on corporal punishment as a tool for reforming children’s misbehavior. This tendency was highly supported by the contemporary call for protecting human rights including the right in security and human treatment and child rights in physical protection. Corporal punishment continues to be practiced at unacceptable rates in Kenyan schools; at the same time violence rates are rising. Management of children’s behavioral problems presents a significant challenge for many teachers in schools. The purpose of this research is to analyze why corporal punishment is being practiced in schools in spite of its legal ban. The paper highlights the attitudes of teachers, parents, pupils and the use of corporal punishment as a tool for discipline. A survey research design was used to collect data on attitudes of 32 parents, 32 teachers, 160 students and 8 Principals in secondary schools in western region of Kenya. A sample size of 232 respondents was included and participated in the study. The main finding of this study is that while most teachers understand and support the policy of banning corporal punishment in schools, there remain certain concerns on the effect of such a ban on children rights and equally alternative warm contributions of punishment as a means of maintaining school discipline. These concerns and conflicting viewpoints are over issues related to the difficulty in disciplining students and respecting the students’ human rights.

Open Journal of Social Sciences, 7, 51-69.

Banning Torture: Legislative Trends and Policy Solutions for Restricting and Ending Solitary Confinement throughout the United States

By the Unlock the Box Campaign

There is a growing movement across the United States to end or restrict solitary confinement and to employ alternative interventions that improve safety and well-being. Fueling this surge in efforts at ending solitary is a recognition that solitary confinement is a form of torture. It inflicts terrible suffering and injury—physical, psychological, emotional, and social—on individuals who have experienced it or are currently subjected to it and has severe effects on their loved ones and on the wider community. This horrific practice is in extensive use across the country, damaging or destroying untold lives. Deeply disturbed by this reality, an increasing number of campaigns led by people who have survived solitary confinement and those with loved ones in solitary now or in the past have helped spur legislative and administrative policy changes to curb the use of solitary and to promote alternatives. Between 2009 and 2022, in 45 states, 886 bills were introduced to restrict or end solitary confinement in some form; 40 states have passed at least one of these bills. In 2021 alone, 153 pieces of legislation were filed across 37 states to regulate some aspect of solitary confinement, the vast majority seeking to end at least some aspect of the practice in state prisons and jails, youth facilities, and other carceral settings. An additional 74 bills were introduced in 2022, and 16 bills were passed in 2022, namely, in New York, Kentucky, Illinois, Connecticut, Louisiana, Virginia, Hawaii, Colorado, and Maryland, with additional bills to be acted on, as of the writing of this report. Anti-solitary efforts have also contributed to the closure of entire prisons, buildings, and units used to inflict solitary, most recently with the closure of supermax prisons in New York and Connecticut

Unlock the Box Campaign, 2023. 64p.

Foxe's Book Of Martyrs And The Elect Nation

By William Haller

From the Preface. My intention in these pages is to offer an account of the usually referred to as The Book of Martyrs, in what I conceive to be the context of its own time. The account is based primanly on a study of that book in the successive versions and editions published by the author in his lifetime and of the relevant contemporary literature ofProtestant edification and propaganda. Foxe published two preliminary versions of his book on the Continent in 1554 and 1559, the first English version in 1563. A much revised and greatly enlarged version in 1570, and two editions in 1576 and 138g with some further revisions and additions but no significant changes. In the century after his death five more editions, based on the text of 1583, appeared in 1596, 1610, 1631-2, 1641 and 1684. The same text, slightly bowdlerized and at certain points somewhat awkwardly conflated with the text of 1563, was again reproduced in an edition in eight volumes issued by S.R. Cattley in 1837, later revised by Josiah Pratt,and reissued with pagination unchangedi 1843-9, 1870 and 1877. Quotations from the book in the following pages correspond to the text as it appearsin the Cattley-Pratt edition, corrected as may be necessary according to theoriginal. Spelling and punctuation have been regulated according to present usage. Of the numerous other editions or versions of Foxe's book published subsequentlyto 1684. I have examined a considerable number but not all, and have found none to be complete and many to be grossly corrupt. Most of the stories ofthe Marian martyrs appeared for the first time in print in the pages of Foxe's book, but some were published separately on the Continent during Mary’s reign…”

London. Bayler and Son. 1963. 275p.

Martyrs Mirror, Abridged Edition.

By Thielman J. von Braght. Introduction by Graeme R. Newman

From the introduction: It is difficult to go one better than Foxe’s Book of Martyrs of the 17th century that contains endless illustrations of the dreadful tortures and deaths inflicted on the Christian martyrs. The book was so popular that it went through at least three editions in Foxe’s lifetime. Since then, various authors have reproduced aspects of Foxe’s classic, interspersed with some new prints and illustrations,  This book, compiled by Mennonites for Mennonites,  is one such book. The descriptions of the martyrs and their lives and deaths do become tiresome to the secular reader, and the lessons their editors presume to convey – those of the moral superiority, chastity and devotion to their faith – focus on the tenets of Christianity of course, but fail to make any attempt at under­standing the details, procedures, and choices of the tortures and horrible deaths inflicted upon the martyrs by their brutal captors.

Foxe's Book of Martyrs (abridged): An Edition for the People

Prepared by W. Grinton Berry

The Actes and Monuments (full title: Actes and Monuments of these Latter and Perillous Days, Touching Matters of the Church), popularly known as Foxe's Book of Martyrs, is a work of Protestant history and martyrology by Protestant English historian John Foxe, first published in 1563 by John Day. It includes a polemical account of the sufferings of Protestants under the Catholic Church, with particular emphasis on England and Scotland. The book was highly influential in those countries and helped shape lasting popular notions of Catholicism there. The book went through four editions in Foxe's lifetime and a number of later editions and abridgements, including some that specifically reduced the text to a Book of Martyrs. (Wikipedia)

London John Day 1563. NY. Abingdon Press. 1913. 413p.

The Fatal Shore

By Robert Hughes

(Mr Hughes) has felt his way back into the past with passion and insight, mined an enormous mass of material and welded the results of his researches into a commanding narrative... Already widely known as an art critic, he now reveals his formidable gifts as a social htstonan "           —The New York Times

'Although The Fatal Shore is both lengthy and scholarly, it is alio fun to read One of Hughes's greatest gifts as a joumalist has always been his ability to express senous themes in accessible language. In his marvelous new history, he brings convict Australia to life both in his own words and those of its inhabitants……The idiosyncratic voices of the individual convicts he quotes imbue the narrative with the spark and savor of real life in all its chaotic, intimate detail. This kind of history is as exciting and entertaining as a good novel.” — Chicago Sun-Times

NY. Vintage. 1988. 743p.

Flogging Others: Corporal Punishment and Cultural Identity from Antiquity to the Present

By C. Geltner

From the cover: Corporal punishment is often seen as a litmus test for a society’s degree of civilization. Its licit use purports to separate modernity from premodernity, enlightened from barbaric cultures. As Geltner argues, however, neither did the infliction of bodily pain typify earlier societies nor did it vanish from penal theory, policy, or practice. Far from displaying a steady decline that accelerated with die Enlightenment, physical punishment was contested throughout Antiquity and the Middle Ages, its application expanding and contracting under diverse pressures. Moreover, despite the integration of penal incarceration into criminal justice systems since the nineteenth century, modem nation states and colonial regimes increased rather than limited the use of corporal punishment. Flogging Others thus challenges a common understanding of modernization and Western identity and underscores earlier civilizations' nuanced approaches to punishment, deviance, and the human body. Today as in the past, corporal punishment thrives due to its capacity to define otherness efficiently and unambiguously, either as a measure acting upon a deviant's body or as a practice that epitonuzes — in the eyes of external observers — a culture's backwardness.

Amsterdam. Amsterdam University Press. 2014. 110p.

The Striking Outlier: The Persistent, Painful and Problematic Practice of Corporal Punishment in Schools

By Amir Whitaker and Daniel J. Losen

Students of color in this country far too often face barriers to receiving quality public education – from unequal resources in schools, to overly punitive discipline administered more often to children of color. As the nation’s oldest and largest nonpartisan civil rights organization, for more than a century, the NAACP has worked to ensure the political, educational, social, and economic equality of all persons and to eliminate racebased discrimination. Equal access to public education and eliminating the severe racial inequities that continue to plague our education system is at the core of our mission. This new report from the Southern Poverty Law Center and the UCLA Center for Civil Rights Remedies brings new light to the practice of corporal punishment in schools. When an educator strikes a student in school, it can have a devastating impact on the child’s opportunity to learn in a safe, healthy, and welcoming environment. This is dangerous for all students, but corporal punishment is administered disproportionately to students of color in our nation’s public schools

Montgomery, AL: Southern Poverty Rights Center and Los Angeles: The Civil Rights Project/Proyecto Derechos Civiles at UCLA, 2019. 41p.

Beyond Suspensions: Examining School Discipline: Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities

By Katherine Culliton-González, et al.

For this report, the Commission investigated school discipline practices and policies impacting students of color with disabilities and the possible connections to the school-to-prison pipeline, examined rates of exclusionary discipline, researched whether and under what circumstances school discipline policies unfairly and/or unlawfully target students of color with disabilities, and analyzed the federal government’s responses and actions on the topic.

Washington, DC: U.S. Commission on Civil Rights, 2017. 224p.

The Golden and Ghoulish Age of the Gibbet in Britain

By Sarah Tarlow.

”The story of Tom Otter, a murderer who was executed and gibbeted in 1806, has many striking features. Not least, this form of brutal and bodily post-mortem punishment seems rather anachronistic during a period often described in terms of increasing gentility and humanity. It took place within the legal context of the Murder Act (1752), which specified that the bodies of murderers had to be either dissected or hung in chains. Other aggravated death penalties were applied to those convicted of treason and suicide. A number of common misconceptions about the gibbet need to be corrected.” Palgrave (2017) 163p.

Flogging Others

By G. Geltner.

Corporal Punishment and Cultural Identity from Antiquity to the Present.“Corporal punishment is an evocative, almost self-explanatory term. But like other concepts with powerful and immediate connotations, it is poorly understood and rarely interrogated. Outside academia, and often within it, corporal punishment is the subject of simplistic analyses and misinformed expositions. The concept itself is ill-defined, its comparative history (as traced by historians of punishment) neglected, and there is little insight into its functions and meaning in a given cultural context,”

Amsterdam University Press (2014) 113p.

Executing Magic in the Modern Era

By Owen Davies and Francesca Matteoni.

Criminal Bodies and the Gallows in Popular Medicine. This book explores the magical and medical history of executions from the eighteenth to the early twentieth century by looking at the afterlife potency of criminal corpses, the healing activities of the executioner, and the magic of the gallows site. The use of corpses in medicine and magic has been recorded back into antiquity. The lacerated bodies of Roman gladiators were used as a source of curative blood, for instance. In early modern Europe, a great trade opened up in ancient Egyptian mummies and the fat of executed criminals, plundered as medicinal cure-alls. However, this is the first book to consider the demand for the blood of the executed, the desire for human fat, the resort to the hanged man’s hand, and the trade in hanging rope in the modern era. It ends by look at the spiritual afterlife of dead criminals.

Palgrave Historical Studies in the Criminal Corpse and its Afterlife. (2017) 122 pages.

Southern Horrors

By Ida B. Wells-Barnett.

Lynch Law in All Its Phases. “The Afro-American is not a bestial race. If this work can contribute in any way toward proving this, and at the same time arouse the conscience of the American people to a demand for justice to every citizen, and punishment by law for the lawless, I shall feel I have done my race a service. Other considerations are of minor importance.”

Harrow and Heston Classic Reprint. (1892, 1893, 1894) 33 pages.