Some kids just aren't nice to begin with. Believe it or not serial killers, wife beaters, rapists, and muggers were once children too. I would argue they received less discipline than more, and clinical trials tend to support that given children without fathers (traditional administer of discipline) are more likely to end up in prison. Its not like he is BEATING the child or even spanking him for his own enjoyment, he has tried being "nice" and it is not working. IMO not disciplining the child is a form of neglect he and many others will pay for in the future so that everyone involved doesn't have to make hard choices.