History of Restorative Justice: How it all started
- Why Restorative Justice
- Aug 6, 2024
- 5 min read
Restorative justice (RJ) in communities and organizations has gained more and more traction as an effective alternative to traditional disciplinary approaches, focusing on repairing harm and fostering a supportive community.
Its roots can be traced back to many indigenous communities as the primary method for addressing conflict and transforming harm through strengthening relationships and focusing on individual value in every community. To understand its significance today, it is essential to explore its historical roots in indigenous communities all over the world and how that developed into a mainstream global method for conflict resolution and prevention.
Early Roots of Restorative Justice
Restorative justice is not a new concept; it has deep historical roots. Many ancient and current indigenous cultures practice forms of restorative justice and had formalized systems of restorative justice long before modern legal systems were established. On every continent, communities are still practicing Restorative Justice and driving integration of restorative justice into systems and communal harmony. The most prominent communities are the Māori in New Zealand, the Navajo, Sioux, Cree and Ojibwee in North America, and Aboriginal communities in Australia. To learn more on Restorative Indigenous Communities read our blog post “Restorative Justice Among Indigenous Communities Worldwide”.
Restorative justice is grounded in principles of healing and restoration of harmony. Indigenous religious and moral teachings often advocate for making amends and reconciliation over punitive punishment. This foundation has been the basis for modern restorative practices in criminal justice, communities and schools.
Focus in 20th Century
Even though restorative practices were still primary processes in indigenous communities to resolve conflict and prevent harm, the 20th century saw rise of restorative justice in conventional systems, particularly in response to the destruction and harm resulting from World War II. Post-war Europe sought avenues for healing and re-building communities and relationships, leading to the incorporation of restorative processes in reconciliation efforts. The Nuremberg Trials were primarily retributive, but also included processes aimed at restorative justice, such as acknowledging harm and suffering and pursuing communal healing.
The Civil Rights Movement in the United States, and other similar social movements across the globe, further propelled restorative justice processes into recognition and adoption in mainstream community initiatives. Advocates sought alternatives to punitive measures and systemic oppressive policies, focusing instead on social justice and community healing. Influential figures like Dr. Martin Luther King Jr. emphasized reconciliation and non-violent resolution, laying the groundwork for the formal development of restorative justice programs.
Formalization and Growth
Restorative justice was further incorporated into formal structures, like those in judicial systems and victim advocacy work in the 1970s. Early efforts in Canada and the United States incorporated Victim-Offender Reconciliation Programs (VORPs) and Victim Offender Dialogues (VODs). These initiatives created spaces for victims and offenders to engage in dialogue, generating understanding and allowing for restitution and other forms of repair, such as healing, closure, monetary settlements, and building relationships. The success of these programs demonstrated the potential that restorative programing could have on individuals and communities: repairing harm and creating space for healing and forgiveness.
In 1989, New Zealand’s Department of Justice adopted the Māori structure of Family Group Conferences. The success of this integration marked a significant breakthrough in the transformation of punitive processes into restorative efforts. This program brought together victims, offenders, and their families to share the impact of the harm done (or offense) and create an agreement to move forward with restoring relationships and repairing harm.
The work in New Zealand gained global recognition and other countries and regions around the world started piloting programs to move away from punitive process and recognized that cycles of harm, especially ethnic, racial and gender based violence, could not be improved in structures of traditional punitive punishment. Truth and Reconciliation Commissions, like the 1995 South Africa initiative and the Gacaca in Rwanda in 2001, further highlighted the power of restorative justice in addressing large-scale societal harms. These initiatives showcased the capacity of restorative practices to adapt across diverse cultural and legal contexts.
Modern Applications and Impact
Today, restorative justice is incorporated into various aspects of the criminal justice system in many countries. In the United States, RJ has proven specifically impactful in juvenile justice and minor offenses, where traditional punitive measures often fail to address the root causes of behavior. Research shows that restorative justice reduces recidivism rates and increases victim (person(s) harmed) satisfaction, underscoring its potential for human-centric processes that are effective approaches to justice.
Beyond the criminal justice system, restorative practices are being adopted in educational and community settings. Schools use restorative community building circles to build relationships and connections in classroom communities that ultimately prevent harm or at least mitigate increased severity in harm. Restorative circles, such as Problem Solving Circles and Norming Circles address recurring harm, and low-level.
Formal Restorative Justices Circles address significant harm. All of these processes foster a supportive and interconnected environment that promotes individual accountability and connection. Restorative Justice programming gained further momentum in the 1990s with programs in schools growing across Canada, the United States, and the United Kingdom. These efforts worked to reduce suspensions (in and out of school) and expulsions.
These punitive measures are often disproportionate across marginalized groups of students, especially regarding race, gender, neurodiversity, socio-economic status and ableism. Restorative practices in schools include a wide range of programs from inclusive teaching and norming to restorative circles and restorative conversations and more in-depth circles to address significant harm and recurring harm.
Communal harm, whether from systemic oppression, neighbor-conflict, or inter-group conflict can be addressed by community-based restorative programing. Which has grown since the 1990s. These initiatives strengthen communities and prevent harm from increasing. These efforts showcase the versatility and broad impact of restorative justice principles.
The implementation of restorative justice in schools has shown encouraging results and outcomes. Data shows a decrease in disciplinary issues, (such as referrals, suspensions and expulsions), improved student relationships, and in general a more positive school climate, with a greater sense of belonging and safety. Students learn empathy, accountability, inter-personal skills and conflict resolution skills, contributing to a more inclusive and supportive learning community.
The Future of Restorative Justice
Continuous improvements and more research documenting areas of success and improvement demonstrate the growth of restorative justice. Innovations in teaching and training, including online restorative platforms, modular learning, and electronic tool kits and coaching are helping the field to expand globally. There is also growth in restorative justice application in new spaces of individual and communal harm, such as sexual harm, childhood trauma and harm, and Title IX and discrimination spaces in higher education and community settings.
Even though the data, anecdotal and quantitative, shows that with proper application and fidelity, restorative justice programing can thrive in many settings, challenges remain, such as inconsistent implementation and inadequate training and punitive mindsets undermining progress. However, the growing body of evidence supporting restorative practices suggests that, when effectively implemented, it can significantly transform school culture and improve student outcomes.
Advocacy and policy work continue to play a significant role in incorporating restorative justice processes into national and international legal frameworks. Groups across the globe are advocating for legislative and educational reform with restorative frameworks for sustained impact. Ongoing research projects and practitioner learning communities inform practices that are more impactful and successful. Processes are refined regularly, maximizing their potential to repair harm and create harmonious communities.
The History and Future of Restorative Justice Practices
It is important to reflect on where we have been and where we intentionally want to go. The history of restorative justice and centuries of judicial and educational reform is a testament to how restorative justice endures in relevance and transformative potential.
Understanding the importance of indigenous restorative practice and how we are incorporating these practices into systems that are historically (and mostly still) punitive, allows us to lean into this path to healing, restoration, and community resilience. By continuing to adapt, adopt and expand restorative justice initiatives, we can build a more just, human-centric and harmonious society, fostering a future where justice serves all.
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