Английская Википедия:Chastisement
Chastisement is the infliction of corporal punishment as defined by law.
Minors
Шаблон:See also English common law 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 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.[1]
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 for neglect or other misbehaviour, provided that he did so himself, and that the apprentice was under age (Archbold, Cr. Pl., 23rd ed., 795).[2]
In England and Wales, section 58 of the Children Act 2004 enables parents to justify common assault or battery of their children as "reasonable punishment", but prevents the defence being used in relation to Assault occasioning actual bodily harm (i.e. when causing anything beyond "transient and trifling" such as bruising) and any more serious harm.[1]
In law in the Republic of Ireland, the rule of law allowing "physical chastisement" by teachers was abolished in 1997,[3] and the common-law defence of "reasonable chastisement" by parents and guardians was abolished in 2015.[4]
Married women
William Blackstone wrote in the 18th century in the Commentaries on the Laws of England:[5] Шаблон:Blockquote
In the UK the old law of moderate correction was similarly removed in 1891.[6][2][7]
In the United States courts have been recognised the right of men to chastise their wives.Шаблон:R In 1870, a court in North Carolina ruled it will not interfere with family government in trifling cases, adding: "We may assume that the old doctrine that a husband has a right to whip his wife provided he used a switch not larger than his thumb is not law in North Carolina."Шаблон:R
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.Шаблон:R Courts did overrule the common-law principle that a husband had the right to "physically chastise an errant wife".[8] 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.Шаблон:R
See also
- Assault occasioning actual bodily harm
- Castigation
- Corporal punishment
- Corporal punishment in the home
- Domestic violence
- Marital rape
- Шаблон:Section link
References
- ↑ 1,0 1,1 Шаблон:Cite web
- ↑ 2,0 2,1 Шаблон:EB1911
- ↑ Шаблон:Cite web
- ↑
- ↑ William Blackstone. Commentaries on the Laws of England
- ↑ Шаблон:Cite journal
- ↑ Шаблон:Cite web
- ↑ 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. Шаблон:ISBN p. 89
