Source: (1994) Modern Law Review. 57: 228-250. Reprinted in Restorative Justice. Declan Roche (2003), ed. Pp. 287-309. The International Library of Essays in Law & Legal Theory, Second Series. Aldershot, Hants, England: Dartmouth/Ashgate.

This article asks whether the penal system can or should embrace both punitive and reparative goals simultaneously. It does so by analysing the genesis and the claims of retributive and reparative justice; by examining the central criticism of reparation--that it fails as punishment; and, finally, by asking whether and in what respects reparation and retribution can be reconciled. If reparation does have a place within the penal system, then what is, or ought to be, that place? (excerpt)