TikTok creator Jon of @wholeparent posits that the legality of spanking stems from viewing children as property, a concept rooted in the Doctrine of Coverture from English Common Law. He draws parallels between the historical legal status of women and children, noting that while progress has been made for women, children have not seen similar advancements in legal identity. Jon's perspective is controversial yet highlights ongoing debates about child discipline and legal protections for children in the U.S.
The only reason that it's not illegal in the United States to hit kids but it is illegal in the United States to hit adults is because we view children as property.
This is just an extension of 16th and 17th [and 18th] century English Common Law, which is the basis for United States law, specifically the Doctrine of Coverture.
Thankfully, as far as the women's side of things, we have done a lot better in the last hundred years in the United States; however, we have not seen the same level of progress where it relates to children.
Wives and children - white wives and children - were not viewed legally as the way enslaved people would have been, highlighting the historical context of child discipline.
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