jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

, reparation is replenishment of a previously inflicted loss by the criminal to the victim.

Monetary Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are ...

restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court o ...

is a common form of reparation.

Background

In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, reparation include the following forms:

, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby * Satisfaction should include, where applicable, any or all of the following: .. ** (e) Public apology, including acknowledgement of the facts and acceptance of responsibility; ** (g) Commemorations and tributes to the victims; ** (h) Inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels. * 23. Guarantees of non-repetition should include ** (e) Providing, on a priority and continued basis,

human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...

and international humanitarian law education to all sectors of

society A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Socie ...

and training for law enforcement officials as well as

military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

and

security forces Security forces are statutory organizations with internal security mandates. In the legal context of several nations, the term has variously denoted police and military units working in concert, or the role of military and paramilitary forces (su ...

;

History

The principle of reparation dates back to the

lex talionis "An eye for an eye" ( hbo, עַיִן תַּחַת עַיִן, ) is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The principle exists also in Babylonian law. In Roman c ...

Hebrew Scripture The Hebrew Bible or Tanakh (;"Tanach"
''

Anglo-Saxon courts in

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

before the

Norman conquest The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conque ...

also contained this principle. Under the

English legal system English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, bee ...

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 The Powers of Criminal Courts (Sentencing) Act 2000 (c.6) 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. It w ...

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. .

References

{{Authority control Reparations Criminal law Justice

Background

History

See also

References