Reparation (legal)
Encyclopedia
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.
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.
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
is a common form of reparation. Reparation through community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
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-SaxonAnglo-Saxons
Anglo-Saxon is a term used by historians to designate the Germanic tribes who invaded and settled the south and east of Great Britain beginning in the early 5th century AD, and the period from their creation of the English nation to the Norman conquest. The Anglo-Saxon Era denotes the period of...
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
Powers of Criminal Courts (Sentencing) Act 2000
The Powers of Criminal Courts Act 2000 is a consolidation Act of the Parliament of the United Kingdom that brings together parts of several other Acts dealing with the sentencing treatment of offenders and defaulters...
requires the courts to explain their reasoning if they do not issue a compensation order.