Encyclopedia of Educational Philosophy and Theory

2017 Edition
| Editors: Michael A. Peters

Children and Punishment

Reference work entry
DOI: https://doi.org/10.1007/978-981-287-588-4_299
In his legal model of punishment, Hart identified a number of conditions which had to be met for the correct application of the concept of punishment. For an application of the concept of punishment, these conditions had to be met (Hart 1968: 4 f.):
  1. 1.

    It must involve pain or other consequences normally considered unpleasant.

  2. 2.

    It must be for an offense against legal rules.

  3. 3.

    It must be of an actual or supposed offender for his offense.

  4. 4.

    It must be intentionally administered by human beings other than the offender.

  5. 5.

    It must be imposed and administered by an authority constituted by a legal system against which the offense is committed.


In considering his legal model of punishment, Hart drew a distinction between standard cases and substandard or secondary cases of the use of punishment. For the accolade of standard to be applied, all five conditions listed above had to be met. Substandard cases were illustrated by Hart by the following cases or possibilities: pain or...

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© Springer Science+Business Media Singapore 2017

Authors and Affiliations

  1. 1.The University of AucklandAucklandNew Zealand