Actually, it didn't. It began with an inquiry into what level of insult (in the broadest sense) to a child should be prosecuted as child abuse regardless of the justification based on religious or even secular concepts of parental discipline. I was attempting to draw a distinction between serious harm and minor bruises--my example was a black-and-blue bum, which of course would normally heal quickly. That *is* spanking. My suggestion is that the harm to the child be proven as a matter of fact, rather than presumed as a matter of law, in order to avoid defects in the legal adoption of theories that should not be graven in stone.
On Mon, Aug 3, 2009 at 9:21 PM, Paul Finkelman <paul.finkel...@yahoo.com>wrote: > Art: > > This discussion began with a defense of "bruising" children. That is hardly > spanking. I think if you look at those beyond death row -- simply violent > criminals - you will find abuse in almost every circumstance. > > ---- > Paul Finkelman > President William McKinley Distinguished Professor of Law > Albany Law School > 80 New Scotland Avenue > Albany, NY 12208 > > 518-445-3386 (p) > 518-445-3363 (f) > > pf...@albanylaw.edu > > www.paulfinkelman.com > > --- On *Mon, 8/3/09, artspit...@aol.com <artspit...@aol.com>* wrote: > > > From: artspit...@aol.com <artspit...@aol.com> > Subject: Re: Wisconsin convicts parents for denial of medical treatment > To: religionlaw@lists.ucla.edu > Date: Monday, August 3, 2009, 9:08 PM > > > Because a few seriously abused children become murderers, society needs to > prohibit spanking? > > > In a message dated 8/3/09 9:05:21 PM, hamilto...@aol.com writes: > > > Paul is correct here. If you want to evidence of the causal connection > between the home situation and criminal behavior, read the files of the > individuals who are on death row. Not infrequently, it is hard to figure > out who acted more heinously -- the parents of the death row inmate or the > death row inmate himself. I'm not saying that home circumstances should > be an adequate defense to murder. Rather, as a society it is foolish not to > make every effort to stem harm to children. > > > > > > > ************** > A Good Credit Score is 700 or Above. See yours in just 2 easy steps! ( > http://pr.atwola.com/promoclk/100126575x1222846709x1201493018/aol?redir=http://www.freecreditreport.com/pm/default.aspx?sc=668072&hmpgID=115&bcd=JulystepsfooterNO115 > ) > > -----Inline Attachment Follows----- > > _______________________________________________ > To post, send message to > Religionlaw@lists.ucla.edu<http://mc/compose?to=religion...@lists.ucla.edu> > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. > > > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. > -- Vance R. Koven Boston, MA USA vrko...@world.std.com
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.