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.
Recommended Citation
Sylvester, Douglas J.
(2003)
"Myth in Restorative Justice History,"
Utah Law Review: Vol. 2003:
No.
1, Article 16.
Available at:
https://dc.law.utah.edu/ulr/vol2003/iss1/16