Reforming (But Not Eliminating) the Parental Discipline Defense
| dc.contributor.author | Blum, H. | |
| dc.date.accessioned | 2017-03-09T15:44:12Z | |
| dc.date.available | 2017-03-09T15:44:12Z | |
| dc.date.issued | 2015 | |
| dc.description.abstract | The right of parents to physically discipline their children is ingrained in American culture and recognized in our laws. Forty-nine states, through statute or common law, allow parental corporal punishment under the premise that properly administered parental discipline promotes child welfare and helps encourage proper behavior. This Note will examine the subset of states that have codified this right as an affirmative defense to acts of physical violence that would otherwise qualify as assault. First, Part II of this Note will examine the history of parental discipline in the United States, its connection to religion, and recent developments in international law. Part III will survey current sociological research that examines how corporal punishment affects child welfare. Then, Part IV will compare twenty-five states, identifying different ways the right to parental discipline has been reflected in statute. Finally, drawing from scientific literature, Part V will argue that the parental discipline defense should be retained, but will propose amending state statutes to justify a very narrow range of permissible discipline—namely, discipline that peer-reviewed research has shown to have beneficial or neutral effects on children. Finally, Part V will suggest changes that can be made to implement this reform. (Author Abstract) | en_US |
| dc.identifier.citation | Blum, H. (2015). Reforming (But Not Eliminating) the Parental Discipline Defense. University of Michigan Journal of Law Reform, 49, 921. | en_US |
| dc.identifier.uri | http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1165&context=mjlr | |
| dc.identifier.uri | http://hdl.handle.net/11212/3253 | |
| dc.language.iso | en_US | en_US |
| dc.publisher | University of Michigan Journal of Law Reform | en_US |
| dc.subject | child abuse | en_US |
| dc.subject | physical abuse | en_US |
| dc.subject | courts | en_US |
| dc.subject | policy | en_US |
| dc.subject | legislation | en_US |
| dc.subject | review | en_US |
| dc.title | Reforming (But Not Eliminating) the Parental Discipline Defense | en_US |
| dc.type | Article | en_US |