Case Study: Spanking And Disciplining Children

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2.3. Spanking and disciplining children As it is true that spanking cannot teach children what to do and what not to do. Because every human being wants to do something according to his will. These are the following reasons why children should never be spanked: 1. Spanking has serious harmful side effects that parents have no way of seeing, because such effects do not show up until later. 2. Spanking is no more effective than other methods of correction and control, and it is therefore unnecessary to subject children to the risk of the harmful side effects. 3. Spanking contradicts the ideal of nonviolence in the family and society . There can be various assumptions that spanking proves to be effective: 1. It controls the behaviour of the…show more content…
Austin’s particular theory of law is often called the “command theory of law” because the concept of command lies at its core: law is the command of the sovereign, backed by a threat of sanction in the event of non-compliance. He distinguished positive law from positive morality which is devoid any legal sanction. In his own words, “the existence of law is one thing, its merit and demerit is another...A law which actually exists, is a law, though we happen to dislike it or though it may vary from the text by which we regulate our approbation or disapprobation…show more content…
He distinguished science of jurisprudence from ethics. Austin thus made his system of law logical, coercive and enforceable as a distinct from law as it ought to be. For him, command was “the key to the science of jurisprudence. Child spanking can also be considered on the basis of “command theory of law”. Spanking is enforceable by law. Law is the command of the sovereign. If you disobey the law the in-charge can be punish as he want to. On Austin 's view, a rule R is legally valid i.e., is a law in a society S if and only if R is commanded by the sovereign in S and is backed up with the threat of a sanction. Whatever the sovereign command is law, and law prescribes to do certain things and not to do others. The demand of personal obedience in Austin 's theory means that the span of the life of the legal system determines the period of existence of the laws of the system and hence also of the legal system itself. Austin came out with the solution of "tacit" command for the problem of continuance of old laws. Law is command given by superior to
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