Corporal punishment


Corporal punishment or physical punishment is a punishment intended to cause physical pain to a person. It is most often practised on minors, especially in home and school settings. Common methods include spanking or paddling. It has also historically been used on adults, particularly on prisoners and enslaved people. Other common methods include flagellation.
Punishment for crime by inflicting pain or injury, including flogging, branding and even mutilation, was practised in most civilizations since ancient times. However, with the growth of humanitarian ideals since the Enlightenment, such punishments were increasingly viewed as inhumane. By the late 20th century, corporal punishment had been eliminated from the legal systems of most developed countries.
The legality in the twenty-first century of corporal punishment in various settings differs by jurisdiction. Internationally, the late twentieth and early twenty-first centuries saw the application of human rights law to the question of corporal punishment in a number of contexts:
Other uses of corporal punishment have existed, for instance, as once practised on apprentices by their masters. In many Western countries, medical and human-rights organizations oppose corporal punishment of children. Campaigns against corporal punishment have aimed to bring about legal reform to ban the use of corporal punishment against minors in homes and schools.

History

Prehistory

Author Jared Diamond writes that hunter-gatherer societies have tended to use little corporal punishment whereas agricultural and industrial societies tend to use progressively more of it. Diamond suggests this may be because hunter-gatherers tend to have few valuable physical possessions, and misbehavior of the child would not cause harm to others' property.
Researchers living among the Parakanã and Ju/’hoansi people, as well as among some Aboriginal Australians, have written of the absence of physical punishment of children in those cultures.
Wilson writes:

Antiquity

Corporal punishment of children has traditionally been used in the Western world by adults in authority roles. Beating one's child as a punishment was recommended as early as the c. 10th century BC book of Proverbs attributed to Solomon:
Robert McCole Wilson argues, "Probably this attitude comes, at least in part, from the desire in the patriarchal society for the elder to maintain his authority, where that authority was the main agent for social stability. But these are the words that not only justified the use of physical punishment on children for over a thousand years in Christian communities, but ordered it to be used. The words were accepted with but few exceptions; it is only in the last two hundred years that there has been a growing body of opinion that differed. Curiously, the gentleness of Christ towards children was usually ignored".
an offender, Iran, 1910s
Corporal punishment was used in Egypt, China, Greece, and Rome for both judicial and educational discipline. Disfigured Egyptian criminals were exiled to the Sinai border at Tjaru and Rhinocorura, whose own name meant "cut-off noses". Corporal punishment was prescribed in ancient Israel, but was limited to 40 lashes. China also disfigured some criminals and tattooed others. Some states gained a reputation for using such punishments cruelly; Sparta, in particular, used them as part of a disciplinary regime designed to build willpower and physical strength. Although the Spartan example was extreme, corporal punishment was possibly the most frequent type of punishment. In the Roman Empire, the maximum penalty that a Roman citizen could receive under the law was 40 "lashes" or "strokes" with a whip applied to the back and shoulders, or with the "fasces" applied to the buttocks. Such punishments could draw blood, and were frequently inflicted in public.
Quintilian voiced some opposition to the use of corporal punishment. According to Wilson, "probably no more lucid indictment of it has been made in the succeeding two thousand years".
Plutarch, also in the first century, writes:
on the buttocks

Middle Ages

In Medieval Europe, the Byzantine Empire blinded and denosed some criminals and rival emperors. Their belief that the emperor should be physically ideal meant that such disfigurement notionally disqualified the recipient from office. Elsewhere, corporal punishment was encouraged by the attitudes of the Catholic church towards the human body, flagellation being a common means of self-discipline. This had an influence on the use of corporal punishment in schools, as educational establishments were closely attached to the church during this period. Nevertheless, corporal punishment was not used uncritically; as early as the eleventh century Saint Anselm, Archbishop of Canterbury was speaking out against what he saw as the excessive use of corporal punishment in the treatment of children.

Modernity

From the 16th century onwards, new trends were seen in corporal punishment. Judicial punishments were increasingly turned into public spectacles, with public beatings of criminals intended as a deterrent to other would-be offenders. Meanwhile, early writers on education, such as Roger Ascham, complained of the arbitrary manner in which children were punished.
Peter Newell writes that perhaps the most influential writer on the subject was the English philosopher John Locke, whose Some Thoughts Concerning Education explicitly criticised the central role of corporal punishment in education. Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783, the first country in the world to do so.
, corporal punishment in the Russian Empire
for adults in 1858.
A consequence of this mode of thinking was a reduction in the use of corporal punishment in the 19th century in Europe and North America. In some countries this was encouraged by scandals involving individuals seriously hurt during acts of corporal punishment. For instance, in Britain, popular opposition to punishment was encouraged by two significant cases, the death of Private Frederick John White, who died after a military flogging in 1846, and the death of Reginald Cancellor, killed by his schoolmaster in 1860. Events such as these mobilised public opinion and, by the late nineteenth century, the extent of corporal punishment's use in state schools was unpopular with many parents in England. Authorities in Britain and some other countries introduced more detailed rules for the infliction of corporal punishment in government institutions such as schools, prisons and reformatories. By the First World War, parents' complaints about disciplinary excesses in England had died down, and corporal punishment was established as an expected form of school discipline.
In the 1870s, courts in the United States overruled the common-law principle that a husband had the right to "physically chastise an errant wife". In the UK the traditional right of a husband to inflict moderate corporal punishment on his wife in order to keep her "within the bounds of duty" was similarly removed in 1891. See Domestic violence for more information.
In the United Kingdom, the use of judicial corporal punishment declined during the first half of the twentieth century and it was abolished altogether in the Criminal Justice Act, 1948, whereby whipping and flogging were outlawed except for use in very serious internal prison discipline cases, while most other European countries had abolished it earlier. Meanwhile, in many schools, the use of the cane, paddle or tawse remained commonplace in the UK and the United States until the 1980s. In several other countries, it still is: see School corporal punishment.

International treaties

Human rights

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

Legal status

58 countries, most of them in Europe and Latin America, have prohibited any corporal punishment of children.
The earliest recorded attempt to prohibit corporal punishment of children by a state dates back to Poland in 1783. However, its prohibition in all spheres of life – in homes, schools, the penal system and alternative care settings – occurred first in 1966 in Sweden. The 1979 Swedish Parental Code reads: "Children are entitled to care, security and a good upbringing. Children are to be treated with respect for their person and individuality and may not be subjected to corporal punishment or any other humiliating treatment."
, corporal punishment of children by parents is outlawed in all settings in 58 nations and 3 constituent nations.


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2020

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

Corporal punishment in the home

Domestic corporal punishment, i.e. the punishment of children by their parents, is often referred to colloquially as "spanking", "smacking" or "slapping."
It has been outlawed in an increasing number of countries, starting with Sweden in 1979. In some other countries, corporal punishment is legal, but restricted.
In all states of the United States and most African and Asian nations, corporal punishment by parents is currently legal. It is also legal to use certain implements such as a belt or paddle.
In Canada, spanking by parents or legal guardians is legal, as long as the child is at least 2 years and less than 13 years of age, and no implement other than an open, bare hand is used. It is also illegal to strike the head when disciplining a child.
In the UK, spanking or smacking is legal, but it must not cause an injury amounting to Actual Bodily Harm ; in addition, in Scotland, since October 2003, it has been illegal to use any implements or to strike the head when disciplining a child, and it is also prohibited to use corporal punishment towards children under the age of 3 years.
In Pakistan, Section 89 of Pakistan Penal Code allows corporal punishment.

Corporal punishment in schools

Corporal punishment in schools has been outlawed in many countries. It often involves striking the student on the buttocks or the palm of the hand with an implement such as a rattan cane or spanking paddle.
In countries where corporal punishment is still allowed in schools, there may be restrictions; for example, school caning in Singapore and Malaysia is in theory permitted for boys only.
In India, South Korea, and many other countries, corporal punishment has technically been abolished by law. However, corporal punishment continues to be practiced on boys and girls in many schools around the world. Cultural perceptions of corporal punishment have rarely been studied and researched. One study carried out discusses how corporal punishment is perceived among parents and students in India.
Medical professionals have urged putting an end to the practice, noting the danger of injury to children's hands especially.

Judicial or quasi-judicial punishment

Around 33 countries in the world still retain judicial corporal punishment, including a number of former British territories such as Botswana, Malaysia, Singapore and Tanzania. In Singapore, for certain specified offences, males are routinely sentenced to caning in addition to a prison term. The Singaporean practice of caning became much discussed around the world in 1994 when American teenager Michael P. Fay received four strokes of the cane for vandalism. Judicial caning and whipping are also used in Aceh Province in Indonesia.
A number of other countries with an Islamic legal system, such as Saudi Arabia, UAE, Qatar, Iran, Brunei, Sudan, and some northern states in Nigeria, employ judicial whipping for a range of offences. In April 2020, the Saudi Supreme Court ended the flogging punishment from its court system, and replaced it with jail time or fines., some regions of Pakistan are experiencing a breakdown of law and government, leading to a reintroduction of corporal punishment by ad hoc Islamicist courts. As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation. However, the term "corporal punishment" has since the 19th century usually meant caning, flagellation or bastinado rather than those other types of physical penalty.
In some countries foot whipping is still practised on prisoners.

Rituals

In parts of England, boys were once beaten under the old tradition of "Beating the Bounds" whereby a boy was paraded around the edge of a city or parish and spanked with a switch or cane to mark the boundary. One famous "Beating the Bounds" took place around the boundary of St Giles and the area where Tottenham Court Road now stands in central London. The actual stone that marked the boundary is now underneath the Centre Point office tower.
In the Czech Republic, Slovakia, and some parts of Hungary, a tradition for health and fertility is carried out on Easter Monday. Boys and young men will spank or whip girls and young women on the bottom with braided willow branches. After the man sings the verse, the young woman turns around and the man takes a few whacks at her backside with the whip. Sometimes the whipping hurts.

In popular culture

Art
Film and TV
See: List of films and TV containing corporal punishment scenes.