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Journal Article

Citation

Kramer AJ. Seton Hall Law Rev. 2015; 45(1): 261-284.

Copyright

(Copyright © 2015, Seton Hall University, School of Law)

DOI

unavailable

PMID

unavailable

Abstract

How can a country with forty-nine anti-bullying statutes continue to have a significant bullying problem? Though bullying is not a new issue in America, over the past few years, the media has discussed bullying incidents with increased frequency. From stories about students being bullied by students, to stories about students being bullied by teachers, it seems we can never do enough to stop the bullying problem. What are we doing wrong?

At some point, America decided that labeling children as bullies and punishing them was an appropriate response to the problem. But there is something discomforting about labeling a child as a bully. Children change significantly as they develop and grow, so attaching a label with any permanency is inherently misguided. A label that sticks can lead teachers, parents, and peers to treat a child differently than his or her classmates--a practice which can have long-lasting effects on the psyche of the child. Moreover, children who are labeled as bullies may start to behave in accordance with the label and act out even more than before they were labeled. Labeling theory, a sociological account about deviance, explores this series of events.

No federal law explicitly deals with bullying,but most states have enacted....

Labeling theory makes clear that the New Jersey Anti-Bullying Bill of Rights Act might actually compound the bullying problem. At a minimum, legislators should amend the definition of bullying to require more than one incident and require that the bullying offense be erased from a person's record once he or she is unlikely to recidivate. A well-crafted law could ensure that those who commit serious bullying offenses are punished for their behavior, but avoid saddling young people with a stigmatizing--and often counterproductive--label. By applying a gentle nudge approach to the bullying problem, such as implementing a public campaign to change societal views about bullying, we can prevent bullying from occurring in the first instance and gradually reduce the bullying problem in America.


Language: en

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