Author Topic: Protect children from smacking in England and Northern Ireland, say doctors  (Read 1537 times)

The Accountant, OBE, KC

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And to be clear, you are allowing assaults on those who would have the most difficulty using the legal system as a post assault recourse, and who are in relationships where there is an imbalance of power to start with.
Yes of course. I think it should be difficult for a child to use the legal system for recourse after getting slapped / assaulted unless it was beyond reasonable chastisement.

The imbalance of power is essential in a parent-child relationship IMO, provided it's not the child who wields more power than the parent, and provided the parent does not abuse their power by going beyond reasonable chastisement.

Children can't handle power - usually their brains are too under-developed and they don't have life experience compared to most adults. Someone in the parent-child relationship has to make decisions, and I would say that someone is the person who could be held legally accountable for decisions made - so the adult.  Of course there are exceptions where I feel the law should step in but not for a slap IMO.
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Nearly Sane

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Yes of course. I think it should be difficult for a child to use the legal system for recourse after getting slapped / assaulted unless it was beyond reasonable chastisement.

The imbalance of power is essential in a parent-child relationship IMO, provided it's not the child who wields more power than the parent, and provided the parent does not abuse their power by going beyond reasonable chastisement.

Children can't handle power - usually their brains are too under-developed and they don't have life experience compared to most adults. Someone in the parent-child relationship has to make decisions, and I would say that someone is the person who could be held legally accountable for decisions made - so the adult.  Of course there are exceptions where I feel the law should step in but not for a slap IMO.
The power relationship and the problems any child might have using the legal system though make it harder for any determination of what you regard as 'reasonable chastisement'. In your support of assaulting children, you are loading the dice any chance of establishing protection 

The Accountant, OBE, KC

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The power relationship and the problems any child might have using the legal system though make it harder for any determination of what you regard as 'reasonable chastisement'. In your support of assaulting children, you are loading the dice any chance of establishing protection
Possibly but nevertheless I think assaulting children is reasonable depending on the circumstances, as I am not convinced they need protecting from a slap.

As I said, the legal system is imperfect so social services or family therapy might be more beneficial to the family and in the child's best interests, rather than criminalising parents for a slap.
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Nearly Sane

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Possibly but nevertheless I think assaulting children is reasonable depending on the circumstances, as I am not convinced they need protecting from a slap.

As I said, the legal system is imperfect so social services or family therapy might be more beneficial to the family and in the child's best interests, rather than criminalising parents for a slap.
Which also are harder for a child to access. Also I think you are creating a false dichotomy in that criminalising behaviour does not mean a prosecution in all cases.

The Accountant, OBE, KC

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Which also are harder for a child to access. Also I think you are creating a false dichotomy in that criminalising behaviour does not mean a prosecution in all cases.
I don't know how this works in practice. Who makes the decision whether to prosecute or not in Scotland? How do they decide that a slap of a child does not require prosecution?
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Walt Zingmatilder

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You posted something very similar this morning. I asked what was your point. So I repeat, what's your point?
1: WHY is it not being discussed since natural behaviour in the context of human behaviour has been discussed before.

Nearly Sane

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1: WHY is it not being discussed since natural behaviour in the context of human behaviour has been discussed before.
  Eh? Could you provide some context because still not seeing your point?