Restorative Justice - History

History

Restorative approaches to crime date back thousands of years:

• In Sumer, the Code of Ur-Nammu (c. 2060 BC) required restitution for violent offenses.
• In Babylon, the Code of Hammurabi (c. 1700 BC) prescribed restitution for property offenses.
• In Israel, the Pentateuch specified restitution for property crimes.
• In Rome, the Twelve Tables (449 BC) compelled convicted thieves to pay double the value of stolen goods.
• In Ireland, under the Brehon Laws (first recorded in the Old Irish period) compensation was the mode of justice for most crimes.
• In Germany, tribal laws promulgated by King Clovis I (496 AD) called for restitutive sanctions for both violent and nonviolent offenses.
• In England, the Laws of Ethelbert of Kent (c. 600 AD) included detailed restitution schedules.
• In North America, justice in First Nations and Native American communities have had aspects of restorative justice.
• In New Zealand/Aotearoa, prior to European contact, the Maori had a well-developed system that protected individuals, social stability and the integrity of the group.

Retributive justice began to replace such systems following the Norman invasion of Britain in 1066 A.D. William the Conqueror's son, Henry I, detailed offenses against the “king’s peace.” By the end of the 11th century, crime was no longer perceived as injurious to persons, but rather was seen as an offense against the state.

More recent examples of restorative justice include South Africa’s Truth and Reconciliation Commission and the practicing of informal dispute resolution in the Gullah Islands of South Carolina.