ABSTRACT
The history of criminal justice contains an apparent anomaly: the simultaneous renaissance of retributive and reparative models of justice. This chapter explores the genesis and competing claims of these two models, how it is that their fortunes have coincided, and with what consequences. The renaissance of reparative justice may be seen in part, therefore, as a rebellion against law's dominion and the reassertion of populist rights of participation. Emphasis on proportionality thus seeks to detach justification for punishment from wider theories of social justice. The renaissance of reparative justice derives its impetus from an even earlier historical tradition, for it harks back to the origins of Anglo-Saxon law when little distinction was made between public and private wrongs. At the most basic level, reparative justice is supported on the grounds that it is functional for the state to secure the payment of compensation or to support other ventures which seek to repair the damage done by crime.
