Myth in Restorative Justice History

Sylvester, Douglas J.

Journal: Utah Law Review

Volume: 2003

Year: 2003

Bluebook Citation: 2003 UTAH L. REV. (2003)

Author: Douglas J. Sylvester: all 6 publications


Abstract

Although history matters, it is not the only thing that matters. Empirical evidence of restorative justice's utility matters as much as, if not more than, restorative justice history-and it seems far less contested. To this end, there is no need for restorative justice to create a "golden age" of past mercy and restoration. The fact that past societies employed criminal justice processes that were simultaneously brutal, illiberal, and class-conscious can be accepted.

That these processes may have existed simultaneously with more restorative processes may be accepted-but even these processes, whether victim-oriented, or seeking to restore balance, are nevertheless radically incompatible with our current ideals of individual sovereignty and liberty. There is simply no reason why advocates need to create a false context about how "it used to be." Instead, they should focus on what should be.

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