This thesis provides a framework to understand and apply the philosophical principles of paternalism to determine the most reasonable actions states can take in regard to marijuana legalization. As matters currently stand in U.S. policy, states must decide whether they will prohibit, decriminalize, or legalize marijuana. First, I will give a brief history of marijuana regulations and societal perceptions in the United States. Second, I will define and differentiate concepts of illegalization, decriminalization, and legalization from one another. Third, I will summarize and analyze Joel Feinberg and Sarah Conly's arguments against and for paternalism, respectively. I will conclude by applying the strengths of each philosopher's arguments with respect to the marijuana debate to offer a policy that is both just and effective.

This thesis focuses on the issue of whether or not the government is ever justified in prohibiting the actions of an individual who is harming herself but not others. I first analyze some of the key historical figures in the paternalism debate and argue that these accounts fail to adequately meet the needs of a modern, pluralistic society. Then, I analyze and critique the nuanced, soft-paternalist strategy put forth by Joel Feinberg. Finally, I defend a version of hard paternalism, arguing that a balancing strategy that examines each action on a case-by-case basis shows all citizens equal, and adequate concern and respect.

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. / Thesis / Master of Arts (MA)