The Lawyer in the School-Room; Comprising the Laws of All the States On Important Educational Subjects. Carefully Comp. ... by M. Mcn. Walsh ...Michigan Publishing, 1871 - 172 sider This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867. Excerpt: ... CHAPTER V. CORPORAL PUNISHMENT--TEACHER AND PUPIL. Sec. 1. A school-master is liable criminally if, in inflicting punishment upon his pupil, he goes beyond the limit of reasonable castigation, and, either in the mode or degree of correction, is guilty of any unreasonable or disproportionate violence or force; and whether the punishment was excessive under the circumstances of any case, is a question for the jury. (Commonwealth v. Randall, 4 Gray, 36; 3 Greenl. on Ev. sec. 63.) He is also liable to be dismissed for cruelty. Teachers are not often barbarous, yet it may not be improper to state here that the law is a strong power to protect the weak from injustice, and to take from the strong a full equivalent for the wrongs which they may commit. When the Hon. John A. Dix was Superintendent of Schools for the State of New-York, he gave the following as his opinion: The practice of inflicting corporal punishment upon scholars, in any case whatever, has no sanction but usage. The teacher is responsible for maintaining good order, and he must be the judge of the degree and nature of the punishment required when his authority is set at defiance. At the same time he is liable to the party injured for any abuse of a prerogative which is wholly derived from custom. (Supt. Common Schools Decisions, 102.) Many very well-informed and well-meaning people are, in these latter days, beginning to doubt whether corporal punishment is under any circumstances advisable or excusable. The Supreme Court of Indiana expresses itself on this subject as follows: The law still tolerates corporal punishment in the school-room. The authorities are all that way, and the legislature has not thought proper to interfere. The public seems to cling to a despotism in the government of schoo... |
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14 Bond Street ability to teach assault and battery authority banished Blue Law certificate charge child Chinese Christian citizens civil colony committed common school conduct Connecticut conscience Const Constitution corporal punishment correction court crime defendant degra directors dismiss district disturb duty enforced established Eureka Slating evidence examination exercise force give guilty habits honor immoral inflict instruction J. W. SCHERMERHORN judgment jurisdiction jury kingdom of Prussia lawfully learning legal effect liable license ligion loco parentis magistrates manner Massachusetts master ment mind moral character nations nature necessary New-York obedience offense opinion parent person pounds sterling principles privity of contract profession proper Prussia public schools pupils Quaker reasonable religion religious liberty respect Rhode Island Roger Williams rules scholar school committee School Laws school-house school-master school-room sectarian spirit system of public teacher thing tion trustees virtue worship youth
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Side 54 - VIRGINIA.—-Religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence ; and it is the mutual duty of all to practice Christian forbearance, love, and charity toward each other.
Side 42 - whatever ; nor shall be enforced, restrained, molested, or burdened in his body or goods ; nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to possess, and by argument to maintain, their opinions in matters of religion ; and that the same shall in nowise diminish, enlarge, or affect their civil capacities.
Side 42 - and by argument to maintain, their opinions in matters of religion ; and that the same shall in nowise diminish, enlarge, or affect their civil capacities." (Laws of RI 1798, p. 81.) The same principles, in almost the same words, are enunciated in the present Constitution of
Side 57 - FLORIDA.—All men have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences; and no preference shall ever be given by law to any religious establishment or mode of worship in this State. (Const, of Fla. art. 1, sec. 3.)
Side 68 - stubborn or rebellious son, of sufficient years and understanding, namely, sixteen years of age, which shall not obey the voice of his father or the voice of his mother, and that, when they have chastened him, will not hearken unto them, then shall his father
Side 154 - I have but one lamp by which my feet are guided, and that is the lamp of experience. I know of no way of judging of the future, but by the past.
Side 39 - IsTo person within the said colony, at any time hereafter, shall be any wise molested, punished, disquieted, or called in question for any difference in opinion in matters of religion, and do not actually disturb the peace of our said colony ; but that all and every person and persons may from time to time, and at
Side 145 - Heaven doth, with us as we with torches do— Not light them for themselves ; for if our virtues Did not go forth of us, 'twere all alike As if we had them not.
Side 140 - of human society; and to lead those under their care, as their ages and capacities admit, into a particular understanding of the tendency of such virtues to preserve and perfect a republican constitution, and secure the blessings of liberty and promote their future happiness ; and the tendency of the opposite vices to slavery, degradation, and ruin.
Side 52 - art. 1, sec. 3.) It will be noticed that no condition is here interposed, but the liberty is complete and unrestricted. In Pennsylvania, teachers might constitutionally be required to " acknowledge the being of a God, and a future state of rewards and punishments," (Const, of Pa. art. 9, sec. 4 ;) but in Rhode Island