ipl-logo

Corporal Punishment Assignment

1280 Words6 Pages

Varsha Patel
Student Number: 35167831

SCL1502
Assignment 2
Unique Number: 555063

Due Date: 25 September 2014
Submission Date: 24 September 2014 The Impact of Constitutional Developments on Corporal Punishment in South Africa

Introduction
The Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution) declares that it is the highest law in the country and proclaims that any law contrary to its provisions will be invalid. Thus, all legal rules, irrespective of their source, must be assessed against the provisions and principles of the Constitution. After introducing corporal punishment as a concept, the impact of the Constitution on the legality of corporal punishment is discussed by reviewing case law and legislative developments. A description of the common law and international law positions regarding corporal punishment ensues. The essay concludes by indicating possible future legal developments regarding corporal punishment in South Africa.

The Concept of Corporal Punishment
A simple interpretation of corporal punishment is punishment of the body. Corporal punishment occurs when a human being holding an authoritative position deliberately and punitively causes another human being physical suffering. Faranaaz Veriava in Promoting Effective Enforcement of the Prohibition against Corporal Punishment in South African Schools (chapter 4) referred to a circular developed by the Western Cape Education Department

Show More
Related

  • ECS 306 Initial Self Assessment

    909 Words  | 4 Pages

    My feelings regarding spankings are inappropriate because it models aggressive behavior in young children. 8. Spankings should be administered with care. 9. Corporal punishment is the use of physical force causing pain, but not wounds, as a means of discipline; such as spanking, shaking, slapping hands and etc.

    Read More

  • Justice System In Upton Sinclair's The Jungle

    832 Words  | 4 Pages

    Jurgis Rudkus, the main character in The Jungle by Upton Sinclair, has a very rough journey when he moves to America from Lithuania. He faces many hardships and they're difficult for anyone to endure. Throughout the novel Jurgis is put through the justice/prison system multiple times, and each time he experienced something new, whether it be the unjust treatment he received, the food he was served, or even the condition of his cell and daily life there. The novel portrayed the justice system as an unfair one. They treat immigrants and the poor unfairly.

    Read More

  • Spanking Is Good For Children Essay

    1249 Words  | 5 Pages

    If families do not have some form of discipline inside of their household things would begin to get out of control and become chaotic. So some parents choose to use spankings as a form of discipline. I think that spanking is necessary in raising children. In my household spanking was enforced for my siblings and I when we were younger, it was to teach us what’s right from wrong. Spanking is a disciplinary action where children can learn from it.

    Read More

  • No Spanking No Time-Out, No Problem Analysis

    990 Words  | 4 Pages

    Will good parenting skills change a child’s bad behavior? Some people may say that to fix a child’s behavior parents should involve punishment. Maybe they will also say that punishment leads to having a well-disciplined child. In the article, “No Spanking, No Time-Out, No Problem,” Olga Khazan proposes a parenting intervention from a child psychologist, she utilizes it to persuade readers along with parents into believing that punishment cannot change negative behavior. Kazdin discusses the causes behind a negative behavior from a child and utilizes it to prove that punishment does not need to be utilized.

    Read More

  • What Is Punitive Approach To Discipline

    1166 Words  | 5 Pages

    In this milestone we will be looking at a few key items of employee and labor relations. Some items that this paper will cover are things such as employee discipline, performance management and employee and labor relations. First, we will start by looking at employee discipline. Employee Discipline: Analyze punitive and nonpunitive disciplinary approaches, and explain their impacts on employee relations. When talking about employee discipline there are two schools of thought.

    Read More

  • Gentle Way Of Punishment Analysis

    1654 Words  | 7 Pages

    Summary Foucault work of “The Gentle Way in Punishment” describes the shift from the excessive force of the sovereign towards a more generalized and controlled forms of punishment. It emphasizing on transforming and improving the individual into a socius through public works and introspection. It discusses the crime and how it is dealt with in a more rehabilitating sense that specific crime need specific moral counterparts. For example, those who are lazy give the counterpart of work.

    Read More

  • Argumentative Essay About Spanking Your Children

    600 Words  | 3 Pages

    Whether spanking is helpful or harmful to children continues to be the source of debate among both researchers and the public. Many argue that spanking your children helps inforce good behavior and is a form of discipline for the bad. Although this maybe the reason why parents spank their own children many say spanking is a form of abuse. They say spanking your child can cause mental health problems and can cause negative outcomes.

    Read More

  • The Problem Of Corporal Punishment In South Africa

    1747 Words  | 7 Pages

    1. INTRODUCTION Corporal punishment is a common problem all over the world (United Nations, 2008). South Africa has adopted a Human Rights constitution, ratified the United Nations Convention on the Rights of the Child (UNCRC) in 1995, and legally abolished corporal punishment in schools (Republic of South Africa, 1996, A-47; South African Schools Act, 1996). However, it is still a challenge for some South African teachers to abandon corporal punishment as a disciplinary practice.

    Read More

  • The Pros And Cons Of Spanking

    500 Words  | 2 Pages

    Spanking is a form of discipline that parents use towards their children when they are doing something that is deviant. However there are both pros and cons when it comes to spanking a child. A study done by Murray Strauss was conducted to see if spanking increased antisocial behavior in children. A total of 807 mothers, with children ages 6 to 9, were chosen in the study (Strauss, Sugarman, & Giles-Sims, 1997). The results showed that 45% of mothers that spank their children do it around 2.1 times a week (Strauss, Sugarman, & Giles-Sims, 1997).

    Read More

  • Speech About Spanking A Child

    805 Words  | 4 Pages

    For many, spanking a kid is deemed to be one of the best ways to raise a kid. Since the previous generations, also known as the older generations were raised this mode, many accredit that applying the almost exact same method on their kids can lead these youngsters to learn and grow straight, therefore expecting that a spanked kid will aftermath in a prospective society with future gracefully informed and well educated adults. However, corporal punishments aren’t indeed the appropriate way neither the best solution to deal with the misbehavior of a little bairn. Spanking a kid, whether it’s with bare hands or a flat object, may lead some kids to actually rebel against their family.

    Read More

  • Spanking Persuasive Speech

    954 Words  | 4 Pages

    Spanking is a type of physical punishment involving the act of striking another person to cause pain, generally with an open hand. More severe forms of spanking, such as switching, paddling, belting, caning, whipping, and birching, involve the use of an implement instead of a hand. Parents tend to spank their child to discontinue an undesired behavior. Throughout history there have been many forms of punishment, such as spanking, grounding, and timeouts. However, have you ever thought about the way it affects a child’s life?

    Read More

  • Thesis Statement On Physical Punishment

    717 Words  | 3 Pages

    I. Introduction A. P. J. O 'Rourke once said “Everybody knows how to raise children, except the people who have them” (O’Rourke, Pg.10). Parents always want their children to be better than what they used to be when they were at their age; that is why they care about every detail in their children’s life especially when it comes to behavior, obeying them and listening to their words. B. Background Information: i. People came to realize that physical punishment is a rough, atrocious, unacceptable mean of punishment that should be banned for its appalling, horrifying effects. ii. Facts about physical punishment (sources used) 1.

    Read More

  • Essay On Harsh Punishment

    1048 Words  | 5 Pages

    There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.

    Read More

  • South African Criminal Justice System

    1483 Words  | 6 Pages

    The criminal justice system is that subsystem of the national legal system which determines the circumstances in which and the procedure according to which individuals may be punished by the state for conduct that is defined as a crime. For the sake of convenience, a distinction is normally drawn between the substantive aspects of the criminal justice system and its procedural aspects. The study of criminal law generally focuses on substantive law; namely, the principles of law according to which criminal liability (guilt) is determined, whilst the law of criminal procedure, together with the law of evidence, focuses on the manner in which this is done, together with the way in which offenders and suspected offenders are to be treated by the

    Read More

  • History Of Corporal Punishment

    1739 Words  | 7 Pages

    South Africa’s stance towards Corporal punishment has undergone momentous change over recent decades and there is still ongoing discrepancyconcerning the country’s current position toward the controversial topic. All other forms of corporal punishment other than parental corporal punishment have been declared illegal. In 1995, corporal punishment as a sentence imposed on juveniles was declared unconstitutional in the case S v Williams and others. This decision was based on the contravention of fundamental provisions that are entrenched within the constitution. The judgment made was in “accordance with the values which underlie an open and democratic society based on freedom and equality.”

    Read More

More about Corporal Punishment Assignment

Open Document