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The "Spanking Defence": An Analysis of Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) and the Future of Reasonable Correction of Children by Force in CanadaRosborough, Megan Unknown Date
No description available.
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Experiences and attitudes of children towards corporal punishment.Ntshingila, Sylvia Ntombifuthi. January 2009 (has links)
The overall objective of the study is to explore with young people their attitudes and experiences of corporal punishment. The specific aims are: i) To explore children’s experiences of corporal punishment ii) To ascertain children’s attitudes towards corporal punishment iii) To explore alternatives that children suggest to corporal punishment as a form of discipline In this study I conducted in-depth interviews with eighteen early adolescents between ages of 10 to 15 year olds from a community in Imbali, KwaZulu Natal, and Pietermaritzburg. It was intentional to explicitly work with children from a similar black township of Zulu background. Hence the only representation I sought to address in this group was gender and the group was equally represented with 9 boys and 9 girls using a snowball sampling. The prominent findings of the study which confirm some of the previous studies of particularly Dawes et el (2004 and 2005); Maree and Cherian (2004); and De Wet (2009):
Mothers are the prominent disciplinarians in the home.
Adults use and support corporal punishment as tool to discipline.
Criminalising corporal punishment has not been effective.
Corporal punishment has worked as a temporary deterrent.
Children still think corporal punishment is the only way to prevent children from being spoiled this is despite the fact that they think of it as painful.
Boys tend to be more aggressive after the punishment.
Girls are more fearful prior to the punishment.
Children prefer being punished at home rather than at school.
Collective punishment by teachers in schools was seen as unfair.
Most preferred alternative to physical punishment was withholding of privileges like pocket money. / Thesis (M.Com.)-University of KwaZulu-Natal, Westville, 2009.
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The impact of aggressive parental disciplinary strategies implemented in childhood on externalizing and internalizing problem behaviour in early adulthoodTaillieu, Tamara L. 18 January 2011 (has links)
Parental use of aggressive discipline, specifically corporal punishment (CP) and psychological aggression (PA), has been shown to increase the risk of problem behaviours in children and adolescents. A major gap in the research concerns our lack of understanding regarding how CP and PA contribute to adverse development in adulthood. Because these techniques do not occur in isolation, a number of protective factors were also considered. Both CP and PA were associated with lower levels of parental warmth/support and responsiveness, and more inconsistency in discipline; whereas high induction was associted with more frequent CP and PA. CP predicted later partner violence, and PA predicted anxiety and lower self-esteem in adulthood, even after the effects of positive parenting were considered. These findings suggest that not only do CP and PA tend to occur within environments that are less conducive to positive development, but also predict problematic outcomes in adulthood even after protective factors are considered.
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The impact of aggressive parental disciplinary strategies implemented in childhood on externalizing and internalizing problem behaviour in early adulthoodTaillieu, Tamara L. 18 January 2011 (has links)
Parental use of aggressive discipline, specifically corporal punishment (CP) and psychological aggression (PA), has been shown to increase the risk of problem behaviours in children and adolescents. A major gap in the research concerns our lack of understanding regarding how CP and PA contribute to adverse development in adulthood. Because these techniques do not occur in isolation, a number of protective factors were also considered. Both CP and PA were associated with lower levels of parental warmth/support and responsiveness, and more inconsistency in discipline; whereas high induction was associted with more frequent CP and PA. CP predicted later partner violence, and PA predicted anxiety and lower self-esteem in adulthood, even after the effects of positive parenting were considered. These findings suggest that not only do CP and PA tend to occur within environments that are less conducive to positive development, but also predict problematic outcomes in adulthood even after protective factors are considered.
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Räfstens vår : Skillnader och likheter i rannsakning och bestraffning ur ett genusperspektiv under ärkebiskop Angermannus visitationsresa våren 1596Brömster, Jacob January 2014 (has links)
The aim of this study was to investigate and analyze similarities and differences in trials and punishment from a gender perspective, during the inquisition in the episcopate of Linköping. A inquisition initiated by duke Karl but performed by archbishop Abraham Angermannus in the year 1596.During the working process a quantitive method was used in the purpose of getting statistic data considering number of men and women that were trialed and punished. A hermeneutic qualitive method was also used in the purpose of closer investigating certain cases that men and women were involved in. The theoretical concepts that have been of importance and used in this study are the individual and the female subject that is based on gender in judicial procedures.The results showed that 49 % of the men were trialed for quarrel. Not as many men were trialed for contempt towards the church and witchery.The most frequently used corporal punishment in this cases were flogging that were executed for totally 38 % of the men.The investigation also proved that men were punished with these forms of corporal punishments for showing their contempt towards the church. Although flogging were the most sentenced punishment for quarrelsome husbands, some were set free from this, even if they had behaved very badly towards their wife.Not many noblemen was affected by Angermannus inquisition and only six out of seven in total calculations, were trialed for contempt against the church. None of them were punished. In the case of women whom lived in the episcopate, witchery were the most trialed crime.As for the men, the most usual form of corporal punishment for women, were flogging that was executed for 51 %. However, flogging in comparison with number of men punished a greater number of women. But not as many noblewomen were trialed or punished, in comparison with the number of nobleman. Only two were trialed for contempt towards the church.Considering fornication and adultery, a much larger number of men were trialed for adultery. When it comes to certain forms of punishment, more men than women were sentenced to pay various forms of fines to the church. At the same time, a smaller amount of men were sentenced to flogging followed by a number of buckets with water, that were poured over the condemned. Considering the nobles and the cases of sexual crimes more men than women were trialed.Between the sexes, more men than women were sentenced with conditional sentences. In some cases the conditional sentences were identical between the sexes, meanwhile another case proved that a conditional sentence were sentenced for the household.How did the inquisition affect women with different social status? In this case considering farm girls and widows? 112 farm girls and widows were trialed in the episcopate. The quantitative study showed that 94 farm girls in contrast with 18 widows was trialed. Not many widows had to suffer the corporal punishment in comparison with farm girls, whom not only got more punishment, but also were sentenced to flogging, a punishment that never was attested to widows. Keywords: Archbishop Angermannus, gender, 16th century, inquisition, protocol, trial, corporal punishment
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The "Spanking Defence": An Analysis of Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) and the Future of Reasonable Correction of Children by Force in CanadaRosborough, Megan 06 1900 (has links)
What actions constitute reasonable correction (or reasonable corporal punishment) of children pursuant to section 43 of the Criminal Code has been the subject of much legal debate in recent years. In this thesis, I argue that the Supreme Court of Canada’s analysis of section 43 in Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) (2004) failed to sufficiently delineate the justification, as demonstrated by the fact that the Court’s ruling has subsequently been manipulated and misinterpreted by lower courts across Canada. The post-Canadian Foundation jurisprudence has established a need for clarity, both with respect to the scope of section 43 and the provision’s proper application. I argue that Parliamentary reform of section 43 is required and I conclude by suggesting an amendment to the justification that seeks to incorporate current social science views on the issue and resolve the post-Canadian Foundation issues.
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Monstrinhos e monstros : o castigo do corpo infantil na sociedade contemporâneaMachado, Elisabeth Mazeron January 2016 (has links)
Esta pesquisa analisa violência física contra crianças, nas suas diferentes manifestações rotineiras e em seu modo de reprodução da sociedade. A violência física é compreendida como uma prática cotidiana na qual adultos dispõem do corpo da criança, seja na “palmada educativa”, seja nas violências ou no abuso sexual. A violência se apresenta de múltiplas formas: de Estado, contra o Estado, simbólica, nas relações familiares e nos diversos processos de disciplinarização. Nesta última forma, é onde residem as violências sobre o corpo, que podem ser observadas em diferentes sociedades, diversos processos sociais e, podem até constituírem-se em ‘marcas’ de cada sociedade. É nesta perspectiva que esta tese se fundamenta, sobre a compreensão das formas de disciplina que incidem violentamente no corpo infantil. Os discursos sobre a violência contra crianças são a matéria-prima considerados como fonte de pesquisa para a realização desta tese. Para tal foram analisados: 1) A criança em toda a sua complexidade, seu lugar social, as representações construídas, os discursos produzidos sobre ela e sua história; 2) Os discursos da literatura, onde a violência contra a criança se apresentava; 3) O discurso da mídia, a violência contra a criança no jornal, especificamente, a campanha “O Amor É a Melhor Herança. Cuide das Crianças”, veiculada no jornal Zero Hora, de Porto Alegre/RS, nos anos de 2003-2004; 4) O discurso da Lei, com todo o debate legislativo que resultou na promulgação da Lei 13013/2014, a Lei Menino Bernardo ou Lei da Palmada; 5) O discurso da clínica, onde são apresentadas quatro histórias de crianças atendidas em psicoterapia, por ordem judicial, no Conselho Tutelar de uma cidade do interior do estado do Rio Grande do Sul. Compreendemos que discursos trazem em si práticas, neste caso, práticas que incidem sobre o corpo do infante. Sobre estes corpos, o discursoprática produz um efeito de subjetivação ou sujeição onde a posse e o domínio aparecem sob a égide da disciplina. Ao final desta tese, concluiu-se que a permanência do castigo corporal no processo educativo denota a privatização da família e a impossibilidade da formulação de políticas eficazes para conter estas práticas e por estas razões permanece no processo de socialização primária das crianças. / This research reviews physical violence against children, in its various routine expressions and in its reproduction mode in the society. Physical violence is understood as a routine practice where adults dispose of the child's body, whether in the "educative smack", or in violence or sexual abuse. Violence is presented in multiple forms: state violence, violence against the state, symbolic, in family relations and in several discipline processes. The latter is where there are violence on the body, which may be noted in different societies, in several social processes and may even represent "trademarks" of each society. This thesis is based on this perspective, on understanding the forms of discipline that violently affect the child's body. The speeches on violence against children are the raw material used as a research source to build this thesis. Therefore, the following items were analyzed. 1) The child in all his/her complexity, his/her social place, the representations built, the speeches produced on him/her and his/her history; 2) The literature speeches, where violence against children was presented; 3) The media speech, the violence against children in the news, specifically the campaign "Love Is The Best Heritage. Take Care of Children", conveyed in the Zero Hora newspaper, from Porto Alegre/RS, in the years 2003-2004; 4) The speech of the Law, with all the legislative debate that resulted in the Law 13,013/2014, the "Menino Bernardo" Law or Slap Law; 5) The speech of the clinic, where we present the story of four children assisted in psychotherapy by legal order, in the Guardianship Council of a city in the country side of the state of Rio Grande do Sul. We understand that speeches involve practices, in this case, ones that affect the infant's body. On this bodies, the speech-practice produces a subjetification or subjection effect, where possession and domination appear under the aegis of discipline. By the end of this thesis, the conclusion is that the permanence of corporal punishment in the education process shows the privatization of the family and the impossibility of formulating effective policies to restrain these practices and, due to these reasons, it remains in the process of primary socialization of children.
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Monstrinhos e monstros : o castigo do corpo infantil na sociedade contemporâneaMachado, Elisabeth Mazeron January 2016 (has links)
Esta pesquisa analisa violência física contra crianças, nas suas diferentes manifestações rotineiras e em seu modo de reprodução da sociedade. A violência física é compreendida como uma prática cotidiana na qual adultos dispõem do corpo da criança, seja na “palmada educativa”, seja nas violências ou no abuso sexual. A violência se apresenta de múltiplas formas: de Estado, contra o Estado, simbólica, nas relações familiares e nos diversos processos de disciplinarização. Nesta última forma, é onde residem as violências sobre o corpo, que podem ser observadas em diferentes sociedades, diversos processos sociais e, podem até constituírem-se em ‘marcas’ de cada sociedade. É nesta perspectiva que esta tese se fundamenta, sobre a compreensão das formas de disciplina que incidem violentamente no corpo infantil. Os discursos sobre a violência contra crianças são a matéria-prima considerados como fonte de pesquisa para a realização desta tese. Para tal foram analisados: 1) A criança em toda a sua complexidade, seu lugar social, as representações construídas, os discursos produzidos sobre ela e sua história; 2) Os discursos da literatura, onde a violência contra a criança se apresentava; 3) O discurso da mídia, a violência contra a criança no jornal, especificamente, a campanha “O Amor É a Melhor Herança. Cuide das Crianças”, veiculada no jornal Zero Hora, de Porto Alegre/RS, nos anos de 2003-2004; 4) O discurso da Lei, com todo o debate legislativo que resultou na promulgação da Lei 13013/2014, a Lei Menino Bernardo ou Lei da Palmada; 5) O discurso da clínica, onde são apresentadas quatro histórias de crianças atendidas em psicoterapia, por ordem judicial, no Conselho Tutelar de uma cidade do interior do estado do Rio Grande do Sul. Compreendemos que discursos trazem em si práticas, neste caso, práticas que incidem sobre o corpo do infante. Sobre estes corpos, o discursoprática produz um efeito de subjetivação ou sujeição onde a posse e o domínio aparecem sob a égide da disciplina. Ao final desta tese, concluiu-se que a permanência do castigo corporal no processo educativo denota a privatização da família e a impossibilidade da formulação de políticas eficazes para conter estas práticas e por estas razões permanece no processo de socialização primária das crianças. / This research reviews physical violence against children, in its various routine expressions and in its reproduction mode in the society. Physical violence is understood as a routine practice where adults dispose of the child's body, whether in the "educative smack", or in violence or sexual abuse. Violence is presented in multiple forms: state violence, violence against the state, symbolic, in family relations and in several discipline processes. The latter is where there are violence on the body, which may be noted in different societies, in several social processes and may even represent "trademarks" of each society. This thesis is based on this perspective, on understanding the forms of discipline that violently affect the child's body. The speeches on violence against children are the raw material used as a research source to build this thesis. Therefore, the following items were analyzed. 1) The child in all his/her complexity, his/her social place, the representations built, the speeches produced on him/her and his/her history; 2) The literature speeches, where violence against children was presented; 3) The media speech, the violence against children in the news, specifically the campaign "Love Is The Best Heritage. Take Care of Children", conveyed in the Zero Hora newspaper, from Porto Alegre/RS, in the years 2003-2004; 4) The speech of the Law, with all the legislative debate that resulted in the Law 13,013/2014, the "Menino Bernardo" Law or Slap Law; 5) The speech of the clinic, where we present the story of four children assisted in psychotherapy by legal order, in the Guardianship Council of a city in the country side of the state of Rio Grande do Sul. We understand that speeches involve practices, in this case, ones that affect the infant's body. On this bodies, the speech-practice produces a subjetification or subjection effect, where possession and domination appear under the aegis of discipline. By the end of this thesis, the conclusion is that the permanence of corporal punishment in the education process shows the privatization of the family and the impossibility of formulating effective policies to restrain these practices and, due to these reasons, it remains in the process of primary socialization of children.
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An analysis of the South African common law defence of moderate and reasonable child chastisementMaqhosha, Noluthando January 2016 (has links)
The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
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A survey of teachers' attitudes towards corporal punishment after the abolition of corporal punishmentGradwell, Adriaan January 1999 (has links)
Magister Psychologiae - MPsych / Education within South Africa has undergone significant change within a short period of time. This change has primarily been written in terms of human rights and the equitable distribution of educational resources. This has necessitated a paradigm shift for many teachers and the study explores some of the factors that have prevented teachers from experiencing a paradigm shift. The introduction of the South African Schools Act of 1996 heralded the start of the complete abolition of corporal punishment within all South African schools. The object of this investigation was to explore teachers' attitudes towards the abolition of corporal punishment and the factors that would contribute towards their attitude. The research explored whether the attitude of teachers, in relation to corporal punishment, had been influenced by the disruptive behaviour of pupils and their perceptions of the efficacy of alternate methods of behaviour management. / South Africa
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