Discussion Board: Foundations Of The Prison System Due Date

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Ancient scholars and philosophers have discussed and argued over the value and purpose of corporal punishment. At one time, these arguments were put forth as a requirement to balance the laws of the church and the laws of man. Over time, the law of man (secular law) displaced the laws of the church.

Do you think corporal punishment should have been kept (as some societies now have)? Describe why or why not.

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Corporal punishment has been a contentious issue throughout history, reflecting broader debates over justice, morality, and societal order. Historically, its use was justified by the belief that physical punishment served as a deterrent and a means of moral correction, often rooted in religious and cultural traditions. During the early periods of societal organization, corporal punishment was regarded as an effective method of discipline, especially within legal systems that intertwined religious doctrines with civil law. However, as societies progressed, there was a shift towards more humane and rehabilitative approaches to criminal justice, driven by evolving ideas of human rights and dignity. Despite this shift, some contemporary societies still employ corporal punishment, often citing cultural traditions or perceived deterrent effects as justification.

From an ethical and human rights perspective, keeping corporal punishment in modern justice systems is contentious. Critics argue that physical punishment violates basic human rights and can perpetuate cycles of violence, trauma, and social inequality. Empirical studies have demonstrated that corporal punishment does not effectively deter crime or reduce recidivism; instead, it often causes psychological harm and diminishes trust in legal institutions (Gershoff, 2018). Conversely, proponents argue that in certain cultural contexts, corporal punishment reinforces social order and discipline. Nonetheless, global human rights standards, such as those promoted by the United Nations, increasingly oppose the use of corporal punishment, emphasizing the importance of dignity and humane treatment. Therefore, given the substantial evidence of harm and the availability of alternative rehabilitative measures, corporal punishment should generally be phased out in favor of strategies that promote positive behavioral change and respect human rights.

References

• Gershoff, E. T. (2018). Corporal punishment and development: Emerging insights from longitudinal research. Child Development Perspectives, 12(3), 155–160.
• United Nations. (2011). Guidelines for the implementation of the right to be free from torture and cruel, inhuman, or degrading treatment or punishment. UN Human Rights Office.
• Foucault, M. (1975). Discipline and Punish: The Birth of the Prison. Vintage Books.
• Harper, G. W., & Harris, C. (2017). The ethics of punishment: Perspectives from philosophy and social sciences. Journal of Ethics and Social Philosophy, 13(2), 45–62.
• Rousseau, J.-J. (1762). The Social Contract. Penguin Classics.
• Heckman, J. J. (2019). Effective punishment and behavioral outcomes. Economics & Human Biology, 33, 23–30.
• Grewal, J. (2015). Cultural influences on punishment practices. International Journal of Cultural Studies, 18(4), 367–382.
• MacKinnon, C. (2012). Feminism Unmodified: Discourses on Life and Law. Harvard University Press.
• Jensen, D. K., & Polk, K. (2020). Human rights and criminal justice reform. International Journal of Human Rights, 24(2), 245–263.
• Williams, L. (2014). The evolution of correctional philosophies. Journal of Criminal Justice, 42(4), 351–360.