In this study I tackle the problem of justifying criminal punishment. Although I
take heed of a traditional line of theorizing which says that punishment is an
expressive and communicative endeavour, my theory breaks away from
traditional approaches. This break is motivated by a recognition that theorists
working in the traditional framework have failed to resolve the tension between
retributivist and consequentialist reasons for punishment. I argue that
punishment is justified as a type of communication from those affected by the
crime to distinct and varied audiences.
My naturalistic theory is structured around two fundamental themes, naturalism
and pluralism about aims. The naturalism consists in the fact that the theory
takes an empirically informed descriptive approach to the problem of justifying
punishment. This foundation provides the resources for developing a balanced
view of the moral agent which takes into account not only cognitive but also
emotional capacities. This broader, deeper view of agency permits, indeed calls
for, an analysis of the moral psychologies of those involved in the social practice.
That analysis leads to the explanation that punishment is a type of
communication of, among other things, strong but justified moral sentiments.
Further development of this view suggests that punishment's various messages
are intended for a variety of audiences - not just the wrongdoer but also the victim
and community.
That explication supports my other fundamental theme, pluralism about aims.
The social institution of punishment is a complex one involving stakeholders who
have differing motives and needs. Consequently, we should reject strategies
which claim that punishment's justification can be reduced to one reason such as,
for example, that the criminal deserves it. I argue that punishment's justification
is multifaceted and complex.
The arguments I put forward to justify punishment also bring to light aspects of
the existing social institution that need reform. In general, they point to the need
to design penal measures that promote communication among wrongdoer, victim
and community. But I also call for a specific reform. I argue that the victim,
whose concerns have traditionally been disregarded, should also be given a voice
within the social institution.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:BVAU.2429/9610 |
| Date | 11 1900 |
| Creators | Whiteley, Diane Elizabeth |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Relation | UBC Retrospective Theses Digitization Project [http://www.library.ubc.ca/archives/retro_theses/] |
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