chastisement

PrepTutorEJDIC

せっかん,懲罰

Wikipedia preview

出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2015/05/30 14:09:14」(JST)

wiki en

[Wiki en表示]

Chastisement is the infliction of corporal punishment as defined by law.

Minors

English common law allowed parents and others who have "lawful control or charge" of a child to use “moderate and reasonable” chastisement or correction. A ruling in 1860 by Chief Justice Cockburn stated: “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]

Currently in England and Wales, section 58 of the Children Act 2004 enables parents to justify common assault of their children as "reasonable punishment", but prevents the defence being used in relation to more serious assault charges.^[3]

Wives

William Blackstone wrote in the 18th century in the Commentaries on the Laws of England:^[4]

The husband also (by the old law) might give his wife moderate correction. For, as he is to answer for her misbehaviour, the law thought it reasonable to entrust him with the power of restraining her, by domestic chastisement.... But, with us, in the politer reign of Charles the Second, this power of correction began to be doubted: and a wife may now have security of the peace against her husband; or, in return, a husband against his wife....Yet the lower rank of people, who were always fond of the old common law, still claim and exert their ancient privilege: and the courts of law will still permit a husband to restrain a wife of her liberty, in case of any gross misbehavior.

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.^[5]^[6]

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".^[7]^{[page needed]}

References

^ Lawfulness of corporal punishment
^ "Corporal punishment", Encyclopædia Britannica Eleventh Edition, 1911]
^ Lawfulness of corporal punishment
^ William Blackstone. Commentaries on the Laws of England
^ R. v Jackson, [1891] 1 QB 671, abstracted at LawTeacher.net.
^ "Corporal punishment", Encyclopædia Britannica Eleventh Edition, 1911.
^ 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. ISBN 0-396-06864-2

English Journal

A midline sagittal brain view depicted in Da Vinci's "Saint Jerome in the wilderness".

Valença MM, Aragão Mde F, Castillo M.SourceNeurology and Neurosurgery Unit, Federal University of Pernambuco, Recife, Brazil. mmvalenca@yahoo.com.br
JBR-BTR : organe de la Société royale belge de radiologie (SRBR) = orgaan van de Koninklijke Belgische Vereniging voor Radiologie (KBVR).JBR-BTR.2013 May-Jun;96(3):175-7.
It is estimated that around the year 1480 Leonardo da Vinci painted Saint Jerome in the Wilderness, representing the saint during his years of retreat in the Syrian dessert where he lived the life of a hermit. One may interpret Leonardo's Saint Jerome in the Wilderness as St. Jerome practicing self-
PMID 23971176

Interdisciplinary communication in the intensive care unit at the University Hospital of the West Indies.

Chang LP, Harding HE, Tennant I, Soogrim D, Ehikhametalor K, James B, Frankson A, Gordon-Strachan GM.SourceDepartment of Surgery, Radiology, Anaesthesia and Intensive Care, University Hospital of the West Indies. swemoe99@gmail.com
The West Indian medical journal.West Indian Med J.2010 Dec;59(6):656-61.
OBJECTIVE: To assess the perceptions of physicians and nurses working full-time in the Intensive Care Unit (ICU) at the University Hospital of the West Indies (UHWI) regarding interdisciplinary communication.METHOD: A cross-sectional survey of all medical personnel working full-time in the ICU was c
PMID 21702238

Self monitoring of blood glucose - a survey of diabetes UK members with type 2 diabetes who use SMBG.

Barnard KD, Young AJ, Waugh NR.SourceNIHR Evaluation Trials and Studies Coordinating Centre, University of Southampton, Southampton Science Park, Chilworth, Southampton SO16 7NS UK. k.barnard@southampton.ac.uk.
BMC research notes.BMC Res Notes.2010 Nov 22;3:318. doi: 10.1186/1756-0500-3-318.
BACKGROUND: Aim - to survey members of Diabetes UK who had Type 2 diabetes and who used self monitoring of blood glucose (SMBG), to elicit their views on its usefulness in the management of their diabetes, and how they used the results. A questionnaire was developed for the Diabetes UK website. The
PMID 21092171

Japanese Journal

奥羽仕置と会津領の知行基準 : 「永楽銭」基準高の特質をめぐって

川戸貴史
史學雜誌 123(4), 511-544, 2014-04-20
This article examines the peculiar characteristics of cadasters conducted during the Toyotomi Hideyoshi regime by focusing on why the currency described as "eirakusen" 永楽銭 (originally denoting copper …
NAID 110009810556

奥羽仕置と会津領の知行基準 : 「永楽銭」基準高の特質をめぐって

川戸貴史
史学雑誌 123(4), 511-544, 2014-04
NAID 40020057419

中世中期における「見懲らし」について

下沢敦
共栄学園短期大学研究紀要 24, 123-144, 2008-03-31
南北朝内乱期以後の中世中期には、前代末期以来の〈為向後傍輩〉または〈為傍輩向後〉と定型的に表現される見懲らし文言は、急速に訴状その他の書面から姿を消して行くが、室町時代に入っても、完全に跡を絶つには至らなかった。見懲らし文言の訴状記載の激減の原因には、(1) 鎌倉末期以来の見懲らし文言の訴状記載による見懲らし効果の減退、(2) 訴状の請求内容の著しい現実主義化、(3) 中世中期以降の悪党所見の激減 …
NAID 110006619384

Related Pictures

Chastisement by Artsy50 on DeviantArt Chastisement | But Lost We Are | CD Chastisement of Sodom and Gomorrah - by Chastisement by Tomokatu on deviantART Chastisement, the great tribulation CHASTISEMENT 1925 by ArtBoy62 on Chastisement - Alleviation of Pain

[1] Lawfulness of corporal punishment

[2] "Corporal punishment", Encyclopædia Britannica Eleventh Edition, 1911]

[3] Lawfulness of corporal punishment

[4] William Blackstone. Commentaries on the Laws of England

[5] R. v Jackson, [1891] 1 QB 671, abstracted at LawTeacher.net.

[6] "Corporal punishment", Encyclopædia Britannica Eleventh Edition, 1911.

[7] 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. ISBN 0-396-06864-2

匿名

検索

案内

案内