ABSTRACT
This chapter presents the case for criminalizing all corporal punishment, while recognizing that the considerations adumbrated above strongly support a parsimonious approach to criminalization and that the burden of argument is on those who favour it. The European experience suggests that if the criminalization of corporal punishment is accompanied by a state-sponsored educational campaign, there is a markedly better chance of persuading the citizenry of its moral unacceptability. To the extent that this objection has force, the cost in terms of democratic legitimacy may well be worth paying if the trade-off secures the prize of safeguarding children's rights. For legal authorizations of corporal punishment typically insist that it be 'reasonable', but 'reasonableness' is a vague standard that makes it difficult for legal officials to determine whether a given instance of corporal chastisement exceeds the bounds of what is legally permissible and thus amounts to criminal conduct.
