A Right to Beat a Child? Corporal Punishment and the Law in Wilhelmine Germany

Abstract

In 1903, Elisabeth von Oertzen, a widely read author and one of the founders of the Society for the Protection of Children from Mistreatment and Exploitation, exhorted her fellow protectionists in the pages of her organization's newsletter to push for greater legal protections for children from abusive adults. The occasion for her admonition was the infamous Bavarian child abuse case in which a young male tutor, Andreas Dippold, had beaten his young charges so badly that one had succumbed to his mistreatment. The case demonstrated, von Oertzen wrote, that while torture had been abolished for adults, it was still widely practiced on children. One of the chief causes of child abuse, according to von Oertzen, was the claim to the so-called Züchtigungsrecht, the right to use corporal punishment. “Because of [the] defenselessness of children it has become customary to exercise on them the right to use corporal punishment, even where it does not exist,” she wrote. A host of people, including tutors, governesses, and babysitters claim the right, but “how far the right to corporal punishment is transferrable is entirely an open question!” Curiously, von Oertzen asserted both that there was an objectively existing “right” to use corporal punishment and that there was no consensus on where that right lay.