4 ms·
There is nothing in the law of some states that explicitly prevents schools from beating children. The protection that may be granted by the constitution doesn'
by someweirdperson 4y ago
There is nothing in the law of some states that explicitly prevents schools from beating children. The protection that may be granted by the constitution doesn't apply to children for some reason. Did I understand this correctly?
- tptacek 4y agoMost states outlaw corporal punishment in schools, but some do not, because there is a tradition going all the way back to English common law (like, it's in Blackstone's explicitly) that moderate physical correction by schoolmasters is an exception to the general rule that people must be free from physical assault. In the states that don't currently ban corporal punishments in schools, it's likely that the municipal centers of those states do. By way of example: this article had to focus on Union County MS, which is in the middle of nowhere even for Mississippi. Jackson is the municipal center of Mississippi, and it bans corporal punishment.
- someweirdperson 4y agoThanks. I do get that there's places that don't outlaw corporal punishment. Where I am lost is that more general rules do not seem to apply. Adults cannot beat eachother without consent or ending up in criminal court. Teachers may be employed by the government, but I doubt they have the privileges of law enforcement. Rules of the schools are not even law (?!), probably closer to terms of service, which would make violations a matter of a civil court? Maybe because attending school isn't compulsory, attending voluntarily implies consent?