- Should courts ever be able to order specific performance of a contract? Why or why not?
- In the Lumley v. Wagner case, was it fair to prevent Wagner from performing anywhere else? Why would money damages not be sufficient in this case, or would they? Should a performer be allowed to make an “efficient breach” of contract to secure a more lucrative payday? What if a performer contracted to perform at a venue with 1,000 seats with tickets at $100 each, but breached to perform at a venue with 10,000 seats with tickets at $150 each? Couldn’t the lost profit of the first show be calculated and paid as money damages, while the performer makes much more money from the second show? Would that serve public policy? Why or why not?
Disciplinary incidents are central to moral development because disciplinary practices assist to inculcate “moral standards and values that provide the basis for self-controlled behaviour” within the child (Brody & Shaffer, 1982, p.32). Amongst the various disciplinary methods, physical punishment is widely practised across different cultures and countries. The present study focused on non-abusive physical punishment and adopted the definition by Straus (1994) that physical punishment “is the use of physical force with the intention of causing a child to experience pain, but not injury, for the purpose of correction or control of the child’s behaviour” (p.4). This definition was used to delineate non-abusive physical punishment from harsher forms of abusive punishment. The term “corporal punishment” is synonymous and has been used interchangeably with physical punishment. We used the term “physical punishment” in this study because it specifically indicates that punishment is meted out in a physical and bodily manner. A survey conducted in Jamaica revealed that physical punishment is frequently practiced in home and school (Smith & Mosby, 2003). Physical punishment is also common in south-west Ethiopia (Admassu, Belachew, & Haileamalak, 2006). This disciplinary method, however, is not peculiar to developing countries. Even in socially privileged countries, physical punishment is also used as a disciplinary method. Approximately 60% of Hong Kong Chinese parents admitted to using physical punishment as a form of discipline (Tang, 2006). In America, 94% of 3- and 4-year olds have been physically punished by their parents at least once during the past year (Straus & Stewart, 1999), and 85% of Americans believed that “a good hard spanking is sometimes necessary” (Bauman & Friedman, 1998). Beliefs in its positive disciplinary effects contributed to the widespread use of physical punishment (Straus, 1994) and there are evidence-based studies supporting the idea that physical punishment suppresses undesired behaviour (Gershoff, 2002; Larzelere, 2000; Paolucci & Violato, 2004). For example, studies in Larzelere’s (2000) meta-analysis provided evidence that non-abusive spanking used by loving parents reduced subsequent noncompliance and fighting in 2- to 6-year olds. In relation to Larzelere’s (2000) findings, Gershoff (2002) found a large mean effect size for immediate compliance following corporal punishment. However, as noted by Gershoff (2002), these beneficial outcomes are only temporarily because physical punishment neither teaches children the reasons for behaving correctly, nor does it communicate what effects their behaviours have on others. Hence, physical punishment may not facilitate moral internalisation of the intended disciplinary message (Gershoff, 2002). Moreover, the demerits may outweigh the merits of punishment because studies suggested that physical punishment carry with it unintended and adverse effects (Holden, 2002; Rohner, Kean, & Cournoyer, 1991; Straus, 1994). In response to the increasingly condemnatory international views about physical punishment, 25 states, to date, abolished all forms of physical punishment on children (Global Initiative to End All Corporal Punishment of Children, 2009). Burgeoning research has related physical punishment to a variety >GET ANSWER