Restorative Justice

2. History

History of the term

The phrase "restorative justice" has appeared in written sources since the first half of the nineteenth century. The modern usage of the term was introduced by Albert Eglash, who in 1977 described three different approaches to justice:

1.  "retributive justice", based on punishment;
2.  "distributive justice", involving therapeutic treatment of offenders;
3.  "restorative justice", based on restitution with input from victims and offenders.

Precursors in indigenous groups

According to Howard Zehr, "Two peoples have made very specific and profound contributions to practices in the field – the First Nations people of Canada and the U.S., and the Maori of New Zealand... [I]n many ways, restorative justice represents a validation of values and practices that were characteristic of many indigenous groups," whose traditions were "often discounted and repressed by western colonial powers". For example, in New Zealand, prior to European contact, the Maori had a well-developed system called Utu that protected individuals, social stability and the integrity of the group. Restorative justice (sometimes known in these contexts as circle justice) continues to be a feature of indigenous justice systems today.

Development of theory

Howard Zehr's book Changing Lenses–A New Focus for Crime and Justice, first published in 1990, is credited with being "groundbreaking", as well as being one of the first to articulate a theory of restorative justice. The title of this book refers to providing an alternative framework for thinking about – or new lens for viewing – crime and justice. Changing Lenses juxtaposed a "retributive justice" framework, where crime is viewed as an offense against the state, with a restorative justice framework, where crime is viewed as a violation of people and relationships. The book made reference to the positive results of efforts in the late 1970s and 1980s at victim–offender mediation, pioneered in the United States by Howard Zehr, Ron Claassen and Mark Umbreit.

By the second half of the 1990s, the expression "restorative justice" had become popular, evolving to widespread usage by 2006. The restorative justice movement has attracted many segments of society, including "police officers, judges, schoolteachers, politicians, juvenile justice agencies, victim support groups, aboriginal elders, and mums and dads".

"Restorative justice is a fast-growing state, national, and international social movement that seeks to bring together people to address the harm caused by crime," write Mark Umbreit and Marilyn Peterson Armour. "Restorative justice views violence, community decline, and fear-based responses as indicators of broken relationships. It offers a different response, namely the use of restorative solutions to repair the harm related to conflict, crime, and victimization".

Development of practice

In North America, the growth of restorative justice has been facilitated by NGOs dedicated to this approach to justice, such as the Victim Offender Mediation Association, as well as by the establishment of academic centers, such as the Center for Justice and Peacebuilding at Eastern Mennonite University in Virginia, the University of Minnesota's Center for Restorative Justice and Peacemaking, the Community Justice Institute at Florida Atlantic University, the Center for Peacemaking and Conflict Studies at Fresno Pacific University in California, and the Centre for Restorative Justice at Simon Fraser University in British Columbia, Canada. Members of the Mennonites and the social-action arm of their church-community, Mennonite Central Committee, were among the early proponents. "[T]he antinomian groups advocating and supporting restorative justice, such as the Mennonites (as well as Amish and Quaker groups), subscribe to principled pacifism and also tend to believe that restorative justice is much more humane than the punitive juvenile and criminal justice systems".

The development of restorative justice in continental Europe, especially the German speaking countries, Austria, Germany and Switzerland, is somewhat different from the Anglo-Saxon experience. For example, victim–offender mediation is just one model of restorative justice, but in the present European context it is the most important one. Restorative justice is not just a theory, but a practice-oriented attitude in dealing (not only) with criminal relevant conflicts. Restorative justice may be moving towards restorative practice.

In October 2018, the Committee of Ministers of the Council of Europe adopted a recommendation to member states which recognised "the potential benefits of using restorative justice with respect to criminal justice systems" and encouraged member states to "develop and use restorative justice".

Internationally, 125 nations collectively endeavored to contribute to the Prison Fellowship International set up by Charles Colson in 1979, which is aimed to help the current and former insiders and their family members beyond America. The Center for Justice & Reconciliation was initiated for information dissemination and education pertaining to justice and reconciliation as of 1996 by the Prison Fellowship International.