A Defense of Pure Restitution

Abstract

In this thesis I argue that legal punishment is far from perfect, and that the most common defenses used to justify it prove to be unsuccessful when examined closely. I propose that if there exists an alternative, non-punitive, practice capable of achieving the same benefits, then that practice should be preferred over punishment. I then proceed to introduce one such alternative, the theory of pure restitution, and resolve some problems raised by its critics. I ultimately demonstrate not only that pure restitution is capable of achieving the same benefits as punishment, but that it is capable of achieving even further benefits.