From Weregild to a Way Forward? English Restorative Justice in its Historical Context

Abstract

This article challenges the prevalent view of restorative justice as a new ‘technique’ within the English criminal justice system. By discussing a number of historical examples of non-traditional forms of justice, which the article argues can be seen as largely restorative in nature, it suggests that the use of restorative justice in the present day has a long tradition, albeit one whose historic practices and processes remain relatively unexplored by many criminologists. It does not presume to offer easy answers to the effectiveness or otherwise of restorative justice, but rather aims to present the ideas and theories behind the concept in an historical context in such a way as to illuminate possible avenues forward in its modern applications.

Keywords: restorative justice, historic practices, English criminal justice system