Reparation (legal)

In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation. Reparation through community service is based on the collectivist notion of society as a singular entity that is capable of being victimized, or on the notion of the State as the victim of all crime.

History

The principle of reparation dates back to the lex talionis of Hebrew Scripture. Anglo-Saxon courts in England before the Norman conquest also contained this principle. Under the English legal system judges must consider making a compensation order as part of the sentence for a crime. Section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 requires the courts to explain their reasoning if they do not issue a compensation order. [Martin, Jacqueline (2005). "The English Legal System" (4th ed.), p. 178. London: Hodder Arnold. ISBN 0-340-89991-3.]

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