Comment by ty6853
I don't see it as a binary option. Why can't we learn from one another? I'm more interested in some of the elements found in for instance that system, where the victim can elect to prioritize restitution over retribution when it leads to a higher likelihood they will be made whole. I don't see any requirement that one has to embrace everything about a societies' system to find advantages in elements of it.
Well, I'll just say, when I referred earlier to institutionalized systems wherein victims are given principal roles in meting out justice, I was specifically using that word to contrast with things like xeer clan law --- a system you just implied might be superior to our common law system (it is not). There are "modern" legal systems descended from that kind of oral tradition honor law. You would not want to live under them.
Happy to keep nerding out on comparative legal stuff from around the world! Just keeping this grounded in "you probably wouldn't enjoy living somewhere where your landlord can have you imprisoned for unpaid rent".