A Treatise on the Law of Public Schools by Finley BurkeA Treatise on the Law of Public Schools by Finley Burke

A Treatise on the Law of Public Schools

byFinley Burke

Paperback | January 31, 2012

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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. 1880. Excerpt: ... CHAPTER X. CORPORAL PUNISHMENT. The teacher who contracts to manage a public school undertakes to do something more than merely to prescribe lessons and hear recitations. The teacher assumes to govern the school, to maintain quiet and order in and about the school-house during school hours, and to compel such conduct on the part of the pupils as shall most conduce to their own welfare and that of the school as a whole. The authority to command this would be nugatory if the teacher were not armed with some coercive power. We accordingly find the law to be that a school-teacher stands in loco parentis in relation to the pupils committed to his charge, while they are under his care, so far as to enforce obedience to his commands, lawfully given in his capacity of schoolmaster, and he may therefore enforce them by moderate correction.1. 1 Hawkins, P. C, chap. 60, sec. 23; 2 Wharton Am. Cr. Law, sec. 1259 and note thereto; Commonwealth «. Seed, 0 Pa. Law J. Rep., 78; The State v. Pendergrass, 2 Dev. and Bat. (Law), 365; Anderson v. The State, 3 Head (Tenn.), 455; He undoubtedly has the right to chastise his pupils for any conduct which interferes with the order and discipline of the school. If, however, the teacher administer more than a reasonable punishment, he becomes criminally liable, and the absence of actual ill-will, vindictive feeling and hatred, will not excuse him. Malice is essential, but it may be inferred from the circumstances. Every one is presumed to intend the natural and necessary consequences of their acts. Therefore the intent of the assault may be and should be determined from the excessiveness of the battery whioh immediately followed. The teacher must exercise a reasonable discretion, and must be governed as to the manner and sever...
Title:A Treatise on the Law of Public SchoolsFormat:PaperbackDimensions:34 pages, 9.69 × 7.44 × 0.07 inPublished:January 31, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217312152

ISBN - 13:9780217312158