Chastisement


Chastisement is the infliction of corporal punishment as defined by law.

Minors

English common law allowed parents and others who have "lawful control or charge" of a child to use "moderate and reasonable" chastisement or correction. In the 1860 Eastbourne manslaughter case, Alexander Cockburn as Chief Justice ruled: "By the law of England, a parent... may for the purpose of correcting what is evil in the child, inflict moderate and reasonable corporal punishment, always, however, with this condition, that it is moderate and reasonable." It was left to the courts to decide what is meant by "moderate and reasonable" in any particular case.
The rights of parents, guardians and teachers, in regard to the chastisement of children, were expressly recognized in English law by the Prevention of Cruelty to Children Act 1904. A master had a right to inflict moderate chastisement upon his apprentice for neglect or other misbehaviour, provided that he did so himself, and that the apprentice was under age.
In England and Wales, section 58 of the Children Act 2004 enables parents to justify common assault or battery of their children as "reasonable punishment", but prevents the defence being used in relation to Assault occasioning actual bodily harm and any more serious harm.
In law in the Republic of Ireland, the rule of law allowing "physical chastisement" by teachers was abolished in 1997, and the common-law defence of "reasonable chastisement" by parents and guardians was abolished in 2015.

Wives

wrote in the 18th century in the Commentaries on the Laws of England:
In the UK the traditional right of a husband to inflict moderate corporal punishment on his wife in order to keep her "within the bounds of duty" was similarly removed in 1891.
In the 1870s, courts in the United States overruled the common-law principle that a husband had the right to "physically chastise an errant wife".