Examining Punishment and Discipline: Defending the Use of Punishment by Coaches

Confusion, uncertainty, and debate often surround the terms discipline and punishment because scholars fail to publicize that they possess distinctive meanings. This article differentiates punishment from discipline and attempts to present some rationale supporting its use, especially corporal punishment, in a sport setting from a coaching perspective. Punishment and discipline appear appropriate to study in the sporting environment because coaches must work with their players and actions affecting one player often impact the others. Thus, a wrongful behavior committed by one frequently extends consequences on teammates. Overall, this work proposes that punishment serves as an effective treatment when a coach intends to instruct, train, drill, and cultivate behavior and learning from those mentally capable of appreciating its objective. Punishment arguably appears most appropriate when a coach believes there is no other alternative for censuring and deterring behaviors and restoring the balance between victims, offenders, and the team or organization. It also appears to be an appropriate method to help perpetrators alleviate a sense of guilt or shame because punishment motivates offenders to demonstrate their repentance, a requirement for reentering society as a whole person in the eyes of others and oneself. Support for punishment also focuses on its unique ability to maintain or create order and stability, while also satiating negative feelings associated with victimization. Finally, this work argues we must recognize conventional punishment is age appropriate and proportional to the violation. Overall, punishment is acceptable because when properly measured, it supports the intrinsic worth of people as moral agents.     

论教育中的惩罚

教育中恰当的惩罚对维护教育秩序和促进学生社会化具有不可替代的作用。教育中的惩罚与社会中的惩罚在目的、情感基础、种类和量度等方面存在着明显的差异。在教育中正确地使用惩罚首先要划清正义与权威角色、群体领域与个人领域、过错行为与糟糕结果、故意行为与非故意行为、非遵从行为与故意违规行为等的界线。在教育中执行惩罚要做好奠定情感基础、选择惩罚种类、控制惩罚量度等方面的工作。惩罚中应坚持慎罚、指向过错、及时与坚定、一视同仁、保持关爱等原则,还要从过错行为和过错动机的消减水平两个方面来评估惩罚使用的效果。     

Changes in unpunished responding during response-contingent punishment

In two experiments, gerbils that were punished for eating exhibited an increase in only the most probable of several ongoing alternative responses (running) during sessions when eating was suppressed. These results support previously suggested punishment and implicit avoidance rules for predicting the effects of response-contingent punishment in multiple-response baseline procedures. Most subjects also exhibited a decline in unpunished digging responses during punishment sessions. Neither this decline in the digging behavior nor the amount of increase in running behavior supported a quantitative constant proportion rule which predicts that each of the unpunished responses will increase to occupy a constant proportion of the time available to it.     

为教育而惩戒:从“惩戒”到“教育惩戒”

作为对学生越轨行为的规治手段,“教育惩戒”源于学界对体罚、惩罚现象的批判。伴随教育惩戒的权力失落与呼吁回归,其发展经历了戒尺文化阶段、人道主义阶段、全面抵制阶段,到目前的立德树人阶段。这一历程不仅受制于社会进步和先进教育思潮的作用,历史发展和社会结构变迁也成为教育惩戒权失落与回归的浓厚底色。如今,教育部已出台《中小学教育惩戒规则(试行)》纲要并正式施行,学界也从心理学、伦理学等多学科视角对教育惩戒的价值性和必要性进行论证,但教育惩戒仍缺乏实践土壤,面临惩戒手段失当、惩戒程度失准、惩戒对象失变和惩戒干预失重等多重困境。而要促使“惩戒”向“教育惩戒”转变,真正实现为教育而惩戒,使惩戒遵守教育目的和教育规律,需要促进教育惩戒的合法化、加强教育惩戒的合目的性、规制教育惩戒的合伦理性、追求教育惩戒的艺术性。这些或将成为教育惩戒落地生根的可能路径。     

Tonic immobility in chickens: Is a stimulus that signals shock more aversive than the receipt of shock?

Three experiments were conducted on the effect of shock and aversive conditioning on tonic immobility. In the first study, increasing the intensity of preinduction shock was shown to produce reliable increases in the duration of immobility. Using classical conditioning procedures in the second experiment, a significant effect of UCS intensity was obtained. In the third experiment, brief confrontation with a conditioned fear stimulus was found more effective than shock for enhancing immobility duration. The data were discussed in terms of the fear hypothesis of animal hypnosis and as supporting a more general notion that the anticipation of shock may be more aversive than the receipt of shock.     

量刑辩论制度规范化研究

＂量刑辩论＂改革的提出,是寻找公诉权、辩护权与裁量权连接点的有益探索,公诉人在案件公开审理时发表量刑建议,而辩方则可以对这个建议发表自己的意见,可以就被告人如何量刑、量刑的具体幅度展开辩论,这实际是对法庭辩论的细化,为法官量刑提供一个参考,有利于规范法官自由裁量权、实现量刑均衡的作用。因此,为深化与完善＂量刑辩论＂改革,建议适当限制量刑辩论的案件范围、强化裁判文书对量刑部分的说理、明确量刑建议的内容。     

德日刑法学中的财产罪保护法益问题之比较

财产罪侵害何种法益是以德日为代表的大陆法系国家刑法理论上早有争议的问题。在德国有法律的财产说、经济的财产说和法律的经济的财产说之争，在日本则有本权说、占有说及各种修正说之论。争论的实质在于：是扩大、缩小、还是适当限制财产罪的处罚范围。从马克思主义关于犯罪本质的学说而论，财产罪的本质是侵犯财产所有权，似乎本权说更为可取；刑法的廉谦抑性原则也要求对财产罪的处罚范围加以限制，采取本权说更符合刑法的精神。但对传统的本权说应该作适当的修正。     

教育行政处罚制度的实践特征、变革动因与发展路向 ——兼论《教育行政处罚暂行实施办法》修改

教育行政处罚制度改革是全面深化教育领域综合改革的重要组成部分,也是清除教育行政执法体制机制障碍的关键举措。以1998-2020年75个涉及教育行政处罚的司法案例作为样本,通过分析教育行政处罚决定书、裁判依据和判决结果的相关数据,发现教育行政处罚实践存在专门规章适用率不高、非法定违法情形普遍、执法行为规范化不足和司法对行政监督乏力等特征,凸显了当前教育行政处罚制度在规范体系、违法情形、处罚程序和处罚实施等方面存在的不足。当前,深化教育行政处罚制度改革,应以新修订的《中华人民共和国行政处罚法》通过为契机,以实践困境与诉求为出发点,尽快启动《教育行政处罚暂行实施办法》的全面修改,进一步增强规范体系的系统性,扩大违法情形的覆盖面,推进处罚程序的法治化和提升处罚实施的实效性。     

The cargo cult and the protestant ethic as conflicting ideologies: Implications for education

As a prolonged endeavor, education has been ideologically justified in American society by the certainty of the Protestant ethic, in terms of rewards for adherence and punishment for deviation. That certainty is increasingly challenged by contemporary culture's numerous celebrations of cataclysmic reward of inherent endowment, cunning, speculative choice, and fortuitous circumstances. In essence, a nascent cargo cult ideology posits as an alternative to the certainty of the Protestant ethic, the indetermination of good fortune. This paper seeks to distinguish the Protestant ethic and cargo oult as competing ideologies, how each articulates to the organization of formal education and its presumptions, and some implications of their contention for education.     

Ethical issues of behavior modification research in schools

Behavior modification research in the classroom was examined by the National Commission for the Protection of Human Subjects because of the increasingly widespread use of behavioral procedures in the schools, the effectiveness of these procedures in changing academic and social behavior, and the consequent concern about potential misuse. In order to foster the responsible use of behavior modification procedures in the schools on a practical as well as a research basis, the following ethical issues being considered by researchers and the involved public are discussed: informed consent, determination of classroom goals, legitimacy of rewards and aversive controls in the classroom, conceptions of behavior modification as manipulative and mechanistic, who can implement the procedures, research design, and accountability. The authors conclude that the issues regarding protection of human subjects in behavior modification research are no different from other treatment-oriented research with children. However, the high degree of parental and teacher involvement in both research and practice requires shared responsibility for the prevention of misuse of behavior modification procedures.     

Leviton is wrong on the use of corporal punishment

A recent article by Leviton develops a taxonomy for individualized school discipline. The system includes a recommendation for the use of corporal punishment with conduct-disordered pupils. Corporal punishment as practiced in schools, and specifically with conduct disorders, is contraindicated because it is ineffective and may actually reinforce undesirable behavior. There is ample research to support the use of alternative methods.     

Gender,student perceptions,institutional commitments and academic dishonesty: who reports in academic dishonesty cases?

The academic dishonesty literature generally focuses on the causes of academic dishonesty, and outlines deterrence strategies, as well as the punishment methods used in formal sanction. Student self-monitoring techniques are becoming a more visible alternative that places greater emphasis on proactive prevention methods as opposed to reactive punishment policies. Increasing the formal level of student responsibility in deterring academic dishonesty assumes that students will actively monitor the behavior of their classmates. Our findings indicate that student perceptions of campus climate and gender differences are important factors when explaining student reporting of suspected academic dishonesty and may illustrate important prerequisite conditions that must exist prior to the establish of a successful student self-monitoring programme.     

Winners and losers of school choice: Evidence from Rio de Janeiro,Brazil and Santiago,Chile

School choice is a controversial topic in the education debate. Proponents argue that choice would open up opportunities to disadvantaged families. Critics counter that choice may exacerbate inequities as advantaged parents are more likely to choose the best schools. Rio de Janeiro and Santiago provide unique institutional contexts in which to explore how choice may affect equity. We use datasets with information on home addresses to compare the choices of parents with different backgrounds. We find that disadvantaged parents in both cities are less likely to choose high achieving schools. The differences are more pronounced in Santiago than in Rio. These results suggest that choice policies will likely not reduce inequities and the design of the program influences behavior.     

Defensive behavior of the rat in a shock-prod situation: Effects of the subject’s location preference

Experiment 1 investigated the proposition that rats cover the source of aversive stimulation with the bedding material available to them and sought to determine whether familiarization with this material would affect burying. The results indicated that rats are no more likely to cover an aversive object than they are not to cover it, although they collect a considerable amount of bedding material in the area surrounding the aversive object. Experiment 2 demonstrated that the rat’s defensive “burying” toward an aversive object is affected by the subject’s predisposition to displace material toward the front side of the apparatus. Some theoretical complexities involved in considering the act of “burying” toward an aversive object as a defensive behavior are discussed.     

秦汉“常会”行政

秦汉法律法规明确规定了各级行政部门及行政工作人员在行政办事中相对固定的、经常的或定期的＂常会＂时限。中央有皇帝五日一听事的朝会、十月朔和岁旦定期举行的百官会。秦汉地方各级政府向中央汇报工作和处理行政事务大都有固定的时间,主要的＂常会＂有汇报行政工作的月会、四时会、岁会,有限期办理行政事务的八月案比户口、八月底上报农田丰歉情况、十月上报库存粮食的数量、八月望上刍稾数、五月望报已垦田数、五月出赋和十月出刍、十二月到三月任免官吏、学童会八月朔日试、行书日毕、限时司法审判、九月会都试,有监督检查行政工作的刺史八月行部、守相春季行县。这就以法令的形式从正面规定了官员行政办事的＂常会＂时限;而且用＂正刑定罪＂的律来强制＂常会＂办事程限的实施,对违背行政办事＂常会＂时限的行为进行处罚,简牍常见有＂不会会日＂＂不中程＂＂失期＂、＂留迟＂＂留＂等罪名。秦汉政事的处理大都能够按照法定的＂常会＂时间,保证行政办事依据法定时间完成,一定程度上保障了行政办事正常有序进行以及较高的质量和效率。     

论《墨辩》之辩略

《墨辩》博大精深,既有丰富的辩术,又有系统的辩略,仅仅从辩术方面来认识《墨辩》是片面的。《墨辩》有关“誉”、“诽”、“服”、“执”等内容构成了墨家的辩略体系,这个体系是科学的,是墨家留给我们的宝贵遗产。     

Using Bayesian analysis to examine associations between spanking and child externalizing behavior across race and ethnic groups

While corporal punishment is widely understood to have undesirable associations with children's behavior problems, there remains controversy as to whether such effects are consistent across different racial or ethnic groups. We employed a Bayesian regression analysis, which allows for the estimation of both similarities and differences across groups, to study whether there are differences in the relationship of corporal punishment and children’s behavior problems using a diverse, urban sample of U.S. families (n = 2653). There is some moderation of the relationship between corporal punishment and child behavior by race or ethnicity. However, corporal punishment is associated with increases in behavior problems for all children. Thus, our findings add evidence from a new analytical lens that corporal punishment is consistently linked to increased externalizing behavior across African American, White, or Hispanic children, even after earlier externalizing behavior is controlled for. Our findings suggest that corporal punishment has detrimental consequences for all children and that all parents, regardless of their racial or ethnic background, should be advised to use alternatives to corporal punishment.     

Scoring methods for multiple choice assessment in higher education – Is it still a matter of number right scoring or negative marking?

In higher education, a multiple choice test is a widely known format for measuring student's knowledge. The debate about the two most commonly used scoring methods for multiple choice assessment – number right scoring (NR) and negative marking (NM) – seems to be a never-ending story. Both NR scoring as NM do not seem to meet the expectations. However, available research hardly offers alternative methods. Clearly, there is a growing need to explore these alternative scoring methods in order to inform and support test designers. This review aims to present an overview of (alternative) scoring methods for multiple choice tests, in which strengths and weaknesses of each method are provided.     

试论我国“死缓制度”的理论基础及其现实价值

死缓制度是我国的独创,它的理论基础是辩证的哲学理论和慎杀、少杀甚至不杀、防止错杀的刑事政策和刑罚观念.其有利于维护法制的统一和尊严,发展和丰富刑事法学理论,构建社会主义和谐社会和提升中国的国际地位.     

宽严相济的刑事政策对刑事诉讼程序的影响

在新的历史时期,宽严相济的刑事政策是更为人性化的刑事政策导向。宽严相济中更多强调的是要根据不同的案件情况和其所处的复杂的社会关系群落来综合考量以决定宽严的选择和尺度。这种刑事政策的推行势必对刑事诉讼的各个程序产生重大的影响,具体而言包括减少羁押性强制措施的适用;特殊侦查措施的明确和采用;不起诉范围的扩大;案件审理分流机制的多元化和非监禁刑的推广和扩大适用。