Chastisement
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| - | '''Castigation''' (from the Latin ''castigatio'') or '''chastisement''' (via the French ''châtiment'') is the infliction of severe (moral or corporal) [[punishment]]. One who administers a castigation is a '''castigator''' or ''chastiser''. | + | '''Chastisement''' is the infliction of [[corporal punishment]]. |
| + | ==Etymology== | ||
| + | Ultimately from [[castus]]. | ||
| - | In earlier times, castigation specifically meant restoring one to a religiously pure state, called [[chastity]]. In ancient Rome, it was also a term for the [[magistrate]] called a [[Censor (ancient Rome)|censor]] (in the original sense, rather than the later politicized evolution), who castigated in the name of the pagan state religion but with the authority of the 'pious' state. | + | ==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. | ||
| - | In Christian times, this terminology was adopted but roughly restricted to the physical sphere: chastity became a matter of approved sexual conduct, castigation usually meaning [[physical punishment]], either as a form of [[penance]], as a voluntary pious exercise (see [[mortification of the flesh]]) or as educational or other coercion, while the use for other (e.g. verbal) punishments (and criticism etc.) is now often perceived as metaphorical. | + | 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). |
| - | '''Self-castigation''' is applied by the repentant culprit to himself, for moral and/or religious reasons, notably as [[penance]]. | + | 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. |
| - | ==See also== | + | ==Wives== |
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| + | [[William Blackstone]] wrote in the 18th century: "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 intrust him with the power of restraining her, by domestic chastisement.... But, with us, in the politer reign of [[Charles II of England|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...." | ||
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| + | 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". 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. See [[Domestic violence]] for more information. | ||
| - | * [[Capital punishment]] | ||
| - | * [[Corporal punishment]] | ||
| - | * [[Chastisement]] | ||
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Chastisement is the infliction of corporal punishment.
Etymology
Ultimately from castus.
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.
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).
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.
Wives
William Blackstone wrote in the 18th century: "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 intrust 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...."
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". 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. See Domestic violence for more information.
