Jen's Spanking Case Notes, 3/15/11
Position taken: The gov’t should be allowed to make spanking children under the age of 3 illegal.
--two issues at stake: is this an offense against privacy rights? Is spanking abuse?
--spanking is wrong ethically because children under 3 can’t connect the punishment with the crime; the child is too young to understand
--pragmatically, spanking at a young age can lead to greater violence later. So, preventing spanking early on could prevent greater abuse later
--the proposed law does look like an invasion of privacy, but parents lose that right when they abuse their child
--right not to be abused trumps right to raise child as parents see fit
--the reason spanking is abusive is because the child can’t connect it to his actions
General notes: I think it’s really important to be clear here about what constitutes abuse. Also, I think it would help to connect what you say about spanking being ethically wrong to the creation of a law. This is a question about the law, and laws generally have to do with harms; so you should be really clear about why the law can intervene in this case (i.e., because it deals with a person being harmed). Overall, you might want to draw the connections between each part of your argument a little more explicitly, so that it’s really easy to follow.
Catherine's Notes
This case concerns the proposed legislation by Assemblywoman Sally Leiber of California which would prohibit the spanking of a child three years old and under. The punishment for this crime would include child-rearing classes, fines, or jail time. The case also notes that many European countries have already made spanking illegal, seeing the law as a means of educating parents about how to more effectively raise and discipline their children. Proponents feel that this will make prosecuting child abuse easier and they feel that a child that age cannot connect the punishment with the crime. Opponents feel that this is a complete government invasion of parental rights to privacy. Child abuse is already illegal and therefore there is no need to make spanking illegal as well.
In considering this case we feel that the main ethical question is one of privacy rights and revolves around two particular points. Those being, Whether or not the government has a right to interfere with one’s private rights, and more particularly the rights of parents. The second being whether or not spanking can be classified as abusive or if it is merely on par with a verbal reproach.
We feel that in this instance the law to prohibit spanking of a child under the age of three is ethical. It is very important to note that we are considering only a child under the age of three as this is the only age mentioned in the case and as a child matures we feel that the case becomes infinitely more complex. Therefore, we are only considering the law as it pertains to a child under the age of three. It is also important to note that we recognize the logistics of implementing this law may be very difficult, however, because this is a question of ethics, we feel that the practicality of implementing such a law in no way pertains to the ethical question/solution at hand. In other words, the practical implementation of this law holds little to no bearing on the ethics of the case.
Children age three and under are in an incredibly fragile and important phase of their development. A child of this age has only recently begun to speak and has barely begun to read. Therefore we feel that it is virtually impossible for a child of such a young age to connect the punishment (spanking) with the crime.
“Until children reach the age of reason, which starts around three (and is an ongoing process that even some adults have not fully mastered) supervision and distraction are the most effective parenting tools. This means simply that young children need constant supervision and removal, kindly and firmly, from what they can't do and guidance to an activity they can do.
Remember, they can't understand the reasoning behind punishment either. Punishment may stop the behavior for the moment, but what long-range message has the child received? Are they deciding, "I'm bad. I'll get even and hurt back. I'll hit others when I'm bigger. Yelling at people is a good way to communicate. I won't get caught next time."? Children aren't consciously aware of the decisions they are making, but they are making decisions nonetheless.”-jane nelson and Cheryl Erwin
As stated above, because the child cannot connect their actions with even a reproach such as yelling, let alone spanking, they will often interpret these disciplinary behaviors in unintended ways. A child that young who is spanked may become afraid, feel that they are bad, or begin to develop only thoughts along the lines of what can I do to not get hit, they may later un subconsciously develop unhealthy tendencies like violence. These are all actions which are signals of abuse. Therefore we feel that spanking a child of this age is abusive. Moreover, parents who resort to this kind of violence, however minimal, are often unaware of a more productive means of disciplining their child. They may in the future resort to even more violent measures. Thus the law becomes a means of preventing unethical actions in the future. The punishment for this crime would include parenting classes and would therefore be useful in making violators better parents, which benefits society as a whole by allowing these parents to raise better children. Also, although there is already a law against child abuse, prosecuting spanking, even though it is abusive, is very difficult. A law making spanking illegal would make this type of prosecution much easier and would be far more beneficial than detrimental.
Finally, we recognize that this law could easily be seen as a violation of the parent’s rights to privacy. However, there are already a number of laws in place which could be viewed in the same light. Taxation is an invasion of a citizens rights to their capital, however, it contribute to the common good and is a contribution towards the services which all citizens partake in. The spanking law would contribute in a similar manner to raising more healthy children who will later benefit society. Drunk driving is illegal because it may cause an accident and it is therefore a law put in place in order to prevent a possible outcome. The spanking law would help to prevent future and perhaps more serious abuse. Child abuse is of course illegal. The 14th amendment states “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”, even children therefore, have the right not to be abused. We feel strongly that this outweighs the parents rights to privacy. When one breaks the law they give up their right to privacy, even if this law is an infringement of their right to privacy. Since we feel that the child cannot connect the punishment with the crime and because of the child’s fragility we feel that spanking is abusive. Child abuse laws could also be considered an invasion of parental privacy. Even as a parent, however, your child has the right to not be abused and when you violate this right your child is under the protection of the Constitution (especially considering their complete inability to stand up for themselves, the government offers special protections to more vulnerable populations like the disabled, women, and people of color) and the government therefore has a right and a responsibility to intervene.
Similar laws:
There are many laws against child abuse, nursing home abuse, animal abuse, spousal abuse etc.
Child Abuse Prevention and Treatment Act
Child abuse is currently defined as “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or
An act or failure to act which presents an imminent risk of serious harm.
Spousal abuse is currently defined as
“Any abusive, violent, coercive, forceful, or threatening act or word inflicted by one member of a family or household on another can constitute domestic violence.”
“All forms of domestic abuse have one purpose: to gain and maintain control over the victim. Abusers use many tactics to exert power over their spouse or partner: dominance, humiliation, isolation, threats, intimidation, denial and blame.[“
