Replacing punishment: the ethics of alternatives to legal punishment

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dc.contributor.advisorBenatar, Daviden_ZA
dc.contributor.authorGallagher, Scotten_ZA
dc.date.accessioned2015-09-25T07:18:58Z
dc.date.available2015-09-25T07:18:58Z
dc.date.issued2013en_ZA
dc.description.abstractThe purpose of this dissertation is to analyze the morality of putative alternatives to punishment. I will explore what makes them non-punitive, define them, and analyze whether they can be justified. The structure of the dissertation is as follows. The first chapter investigates the concept of punishment. I will defend a definition of punishment: authorized, retributive, intended harm. Then I will proceed to explain the need to justify punishment, and give an overview of how it is at least plausible to believe that no justification has yet succeeded. I will end the chapter with a brief discussion of the requirements of a criminal justice system. The second chapter is about money. I will scrutinize whether the theory of 'pure restitution' may completely replace punishment. I will argue that it cannot, and furthermore I will caution against the widespread use of mandatory monetary restitution. I will also provide a positive argument for the state's duty to provide compensation to victims of violent crime. The third chapter brings in the true heavyweights for non-punitive interventions: offender rehabilitation and offender incapacitation. After defining them, explaining why they are non-punitive, and defending justifications for them, I will conclude that they provide the most substantive opportunities for the state to shift its criminal justice burden s away from punishment. In the fourth chapter I will explore rituals: restorative justice conferences, trial and therapeutic jurisprudence, re-entry ceremonies and apologies. My argument for a minimally punitive regime will come together in the last chapter. In doing so I will explain why a state must rely on punishment to a small but crucial extent, and that punishment can be minimized drastically in comparison to today's practices. I will also address concerns regarding security and deterrence.en_ZA
dc.identifier.apacitationGallagher, S. (2013). <i>Replacing punishment: the ethics of alternatives to legal punishment</i>. (Thesis). University of Cape Town ,Faculty of Humanities ,Department of Philosophy. Retrieved from http://hdl.handle.net/11427/14079en_ZA
dc.identifier.chicagocitationGallagher, Scott. <i>"Replacing punishment: the ethics of alternatives to legal punishment."</i> Thesis., University of Cape Town ,Faculty of Humanities ,Department of Philosophy, 2013. http://hdl.handle.net/11427/14079en_ZA
dc.identifier.citationGallagher, S. 2013. Replacing punishment: the ethics of alternatives to legal punishment. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Gallagher, Scott AB - The purpose of this dissertation is to analyze the morality of putative alternatives to punishment. I will explore what makes them non-punitive, define them, and analyze whether they can be justified. The structure of the dissertation is as follows. The first chapter investigates the concept of punishment. I will defend a definition of punishment: authorized, retributive, intended harm. Then I will proceed to explain the need to justify punishment, and give an overview of how it is at least plausible to believe that no justification has yet succeeded. I will end the chapter with a brief discussion of the requirements of a criminal justice system. The second chapter is about money. I will scrutinize whether the theory of 'pure restitution' may completely replace punishment. I will argue that it cannot, and furthermore I will caution against the widespread use of mandatory monetary restitution. I will also provide a positive argument for the state's duty to provide compensation to victims of violent crime. The third chapter brings in the true heavyweights for non-punitive interventions: offender rehabilitation and offender incapacitation. After defining them, explaining why they are non-punitive, and defending justifications for them, I will conclude that they provide the most substantive opportunities for the state to shift its criminal justice burden s away from punishment. In the fourth chapter I will explore rituals: restorative justice conferences, trial and therapeutic jurisprudence, re-entry ceremonies and apologies. My argument for a minimally punitive regime will come together in the last chapter. In doing so I will explain why a state must rely on punishment to a small but crucial extent, and that punishment can be minimized drastically in comparison to today's practices. I will also address concerns regarding security and deterrence. DA - 2013 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2013 T1 - Replacing punishment: the ethics of alternatives to legal punishment TI - Replacing punishment: the ethics of alternatives to legal punishment UR - http://hdl.handle.net/11427/14079 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/14079
dc.identifier.vancouvercitationGallagher S. Replacing punishment: the ethics of alternatives to legal punishment. [Thesis]. University of Cape Town ,Faculty of Humanities ,Department of Philosophy, 2013 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/14079en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Philosophyen_ZA
dc.publisher.facultyFaculty of Humanitiesen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPhilosophyen_ZA
dc.titleReplacing punishment: the ethics of alternatives to legal punishmenten_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMAen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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