Encyclopedia of Opinion
Question
Should corporal punishment be allowed?
Position‹3 of 3
Corporal punishment is sometimes acceptable
Argument1 of 2›

Only when the offender knows right from wrong

Corporal punishment can only be effective if the perpetrator consciously chose to break the law.

The argument

This position does not defend corporal punishment without limit. It defends it under a condition, and the condition follows from what corporal punishment is supposed to do. The benefits of corporal punishment are lost when it is administered to those that cannot fully grasp the idea of right and wrong. The practice works, where it works at all, by attaching an unpleasant consequence to a choice that was made knowingly: the aim is to make an act the offender already recognised as wrong also costly, so that the same recognition yields a different decision next time. For it to have any impact, then, the child or adult must have known that their action was wrong and done it anyway. Unless this criterion is met there is no knowing choice for the punishment to fasten onto, and it should not be used. The condition is not a technicality, because the consequence of ignoring it is severe. In the past, corporal punishment has been deployed against children with mental disabilities and behavioural disorders — which are precisely the cases in which the required understanding may be absent. Where an offender did not appreciate that the act was wrong, the punishment cannot teach the lesson it exists to teach; it can only inflict pain on someone with no means of converting that pain into altered conduct. They will not modify their behaviour, and what is left is suffering with no corrective purpose, so that the practice has no effect beyond making their lives unbearable. In those cases corporal punishment becomes cruel and unethical. Confining the practice to offenders who know right from wrong is therefore what allows it to be defended at all. Read with that limit firmly in place, corporal punishment is sometimes acceptable.

Context

For corporal punishment to be effective, the recipient must understand right from wrong. Otherwise, they will not be able to make the connection between their actions and the consequence.

Premises

[P1]Corporal punishment only has any effect when the offender knew their action was wrong and did it anyway. [P2] Administered to those who cannot grasp right from wrong, such as children with mental disabilities or behavioural disorders, it changes no behaviour and merely makes their lives unbearable. [P3] In those cases it becomes cruel and unethical, so it should be used only when the offender understands right from wrong. [C] Therefore, because corporal punishment is justified only when the offender knows right from wrong, corporal punishment is sometimes acceptable.

Counter-arguments

Critics reply that the argument only identifies a case in which corporal punishment is clearly inappropriate — for those who cannot grasp right from wrong — which is a limit on its misuse, not a positive case that it is ever acceptable. Ruling out one abuse does not license the practice in the remaining cases. They add that opponents regard corporal punishment as harmful and ineffective even for those who do understand that their action was wrong, citing evidence that it damages rather than reforms. So establishing when it must not be used leaves untouched the central claim that it should not be used at all.

Rejecting the premises

[Rejecting P1] That corporal punishment "only works" when the offender knew the act was wrong is a claim about when it fails, not evidence that it succeeds or is acceptable when that condition holds. [Rejecting P3] Ruling out use against those who can't grasp right from wrong identifies a case of clear cruelty; it does not establish the practice is acceptable in the remaining cases, which opponents argue is harmful and ineffective regardless.