How Does Spanking Work?

1. Introduction
1.1. Literature Review
1.2. Objective
1.3. Research Problem
1.4. Research Methodology
2. Why do parents think spanking works?
2.1. Introduction
2.2. Why children should never be spanked?
2.3. Spanking and disciplining children
3. Corporal punishments in Schools and Institutions
4. Child spanking- jurisprudential analysis
4.1. Austin’s Analytical Positivism
4.2. Hart’s Analytical Positivism
5. Sociological school of jurisprudence
5.1. Rudolf Von Ihring
5.2. Roscoe Pound
6. Conclusion
Bibliography

Spanking is very common way that parents try to discourage unacceptable behaviour. It is a form of corporal punishment. It includes whooping, slapping, grabbing, popping, smacking, handling your child roughly in any way is a form of corporal punishment. Corporal punishment is the use of physical force with the intention to cause a child
to experience pain, but not injury, for the purpose of correction or the control of the child’s behaviour. In many cultures, parents have historically been regarded as having the duty of disciplining their children. Corporal punishment has been classified as an act of violence and abuse on children. Strictly defined ‘corporal punishment’ is the infliction of pain intended to change a person’s behaviour or to punish them. Though it mainly refers to physical pain either through hitting or forcing the child to sit /stand in uncomfortable positions; an evolving definition also includes within its ambit wrongful confinement, verbal insults, threats and humiliation, which are used. In Singapore and Hong Kong, punishing one's own child with corporal punishment is legal but not particularly encouraged. Spanking as a way of disciplining children is a topic of broad interest to people involved in the care and education of children. The United Nations (Article 19 of the UN Convention on the Rights of Children) argues against all forms of physical punishment relating to children . Within the United States, several organizations lobby for an end to hitting children and for according children the same legal protections accorded adult’s .Despite the lobbying, spanking is still a "hit" with parents. It is quite prevalent. For example, in the United States, 74% of parents of children 17 years of age or younger use spanking as a discipline technique.
The definition of spanking determines who participates in a research study, what studies are included in literature reviews and hence, what conclusions are reached. Physical abuse usually is de fined to encompass corporal punishment that is harsh and excessive, involves the use of objects is directed to parts of the body other than the extremities, and causes or has the potential to cause physical harm.

1.1. Literature Review

Dr. Paranjape N.V., Studies in Jurisprudence and Legal Theory, central law Agency seventh edition: 2013.
The author has drawn expressively from the work of Salmond, His greater thrust on Indian perspective of legal theory. His work on sociological school of jurisprudence helped in understanding the social as well as legal contextual of the research topic. His description on Hart, Austin really worked. The author attracts on a large vary of analysis so as to think about each jurisprudential analyses.

1.2. Objectives

1. To analyse the corporal punishment as a process to teach discipline among the children.
2. Jurisprudential analysis of child spanking.

1.3. Research Methodology
The researcher adopts the analytical method of research for the research topic and adopts doctrinal method of research. The researcher adopts descriptive method which gives positivist approach to understand jurisprudential analysis of child spanking.

CHAPTER-2
WHY DO PARENTS THINK SPANKING WORKS?

2.1. Introduction
Spanking shows that parent don’t approve of whatever it was that the child did.
Spanking is harsh. Everyone knows it gets a child’s immediate attention. When a child is spanked, the bad behaviour usually stops right away. Some people believe spanking creates respect for parents. Parents think it is another way to punish children to learn discipline. Parents not only want to teach their child discipline but also want them to understand the wrong things and not to do it again. If parent slap their child only for the reason that they could understand that what is right and what is wrong for them, what ought to do and what not ought to. Slapping for their benefit and which really proved to be advantageous for them cannot be considered as a harsh punishment. Following are the points that parents think spanking works:
1. To control their bad behaviour towards another.
2. To make them aware of what is wrong and what is right for them.
3. To improve their motives and goals of life and not to distract anywhere else.
4. To make them realize for the mistake they have committed.

2.2. Why children should never be
spanked.
Spanking children is not an only option to stop their bad behaviour , yes it can control for a long time but ultimately it is the children’s own choice and its totally upon them what they want in their life as a goal and what they want as an inspiration in their life. We can give an example of fighting between brother and sister ,brother hits his sister in the presence of his mother or father, he avoid to hit her again if they are still there to watch him, but if they are not there he will definitely hit her again. So this type of behaviour only can create fear of their presence but not on his behaviour. So by this we can conclude that spanking children doesn’t work as parents think it will.
Spanking also provokes them to his other children. If you hit your child thinking that he will understand easily but rather than doing that he will become more aggressive towards other and it will become a normal thing to harm and hit other students. Basically it teaches the wrong lesson to the child.
Spanking child is also responsible for the cause that it become a habit. Parents easily lose their temper and it becomes a part of their life to give punishments to their children .they easily become aggressive towards their child. Spanking children can be the cause of lowering the confidence level within the children and it can also make them helpless. Any human being never want to being hit by anyone and spanking can make you to lose your child as he couldn’t able to share anything with the parent if he spank frequently. Never getting spanked can keep them in line so that the fear of getting spank cannot keep them in line and they can even do something wrong.