PART-1 SLUVENTS ee rigin. QUESTION #5 its 0 > efly trace ‘What is Adminis! (2019-4) _grece the origin nistration of Justice: (2019-A 5 ye a uadministration of tration of Justice? Bri > Define Admi Administration of Justice. fe > Explain the origin and necessity o! Justice”? Also discuss various Linds of justice? (2017-8) “Administration of ! (tb the term (2016-8, 2015-s) ized and applied by the (2012-4) >» What do you understand bY Justice"? Discuss its origin: “Law is the body of Principles courts in the Administ! ice". Discuss. Discuss the term “justice according to law’ advantages and disadvantages? INTRODUCTION: ‘Administration of justice is permanent necessity of the society and the prima, function of the State. It is the civilized substitute for private vengeance and retribution. if rming these two functions, it cannot be called stat Administration community by means of physical for tate is incapable of perfor Srjustice is the maintenance of right with in 3 politica tion of justice passed through three stage }f the state. The administra self-help, the second and transitional stage Was tage was the period of ry and final stage has been the period of state control 1. The first prima the period of soci / Zand the thi Ve ./ MEANING OF JUSTICE: yy In Black's Law Dictionary, justice defined as, tion of law. In Jurisprudence the constant and pemetia “Proper _administral ¥ disposition of legal matters and disputes to render every man his du MEANING OF ADMINISTRATION OF JUSTICE: Se wt means t i iti 1 jae ans. the maintenance of rights in political community by the physical force of th DEFINITION OF ADMINISTRATION OF JUSTICE: ‘Administration Justice is the “Protection of individual from the unjust and unla deeds of others. According to Salmond: “Administration of Justice is the i 5 the process of maintaining Justice withi ymmunity by means of physical force of the state. It is the contain a State’ sanction of force to a rule of right.”ENGLISH JURISPRUDENCE ORIGIN & GROWTH OF ADMINISTRATION OF us JUSTICE: + 7 ovigin and growth of administration of Justice is id . of map. experienced a conflict of interests and that created solely While living so, reated own reall mus jminstaton of justice, which passed through the folowing inne geo" POM Tor cae r (a), Primitive Stage: (First Stage) a Firstly there was the concept of private syst help inthis stage man used to feauce Re ges PUNSHIEN and vent ste | the help of his friends or Kinsmen those d Da eee on wt £1" own cause and “Might” was the Sole me: asur Kab that crime would certainly by punished ang ete sy aumevaene ee Conflict and tribal conflicts. Blood feuds were (i) System of Compensation: Meare ai he coca sation was developed until a regular sliding scale weston antici See TUE the vengeance of the relatives of the ae eae y Paying blood money according to the () Transitional Stage: (Second Stage) 2 DLV i /n second stage, with the rise of political states, the private s be regulated by the state. The state provides rules like pao REareSaRe /, ‘a.tooth for a tooth’/'Thus the system of self help was (y.This stage aren the tise of political states. As society developed and ge conversation advanced, quarrels between rival factions were settled by the elder men/ In the beginning this function was exercised by the pater families but later by persons of position, influence and social status. However, they were not strong enough to regulate crime and inflict punishment on the criminals /The law of private vengeance and violent self help continued to prevail. Vengeance was not totally abolished in the Anglo Saxon period of the history of England but was merely restricted and regulated. (c) Final Stage: (Third Stage) WA clolas c /iastiy the state enacted its own rules and laws and has ‘substituted the. concept of private punishment by the administration of civil and criminal justice with the growth of the power of the state, the king, begins to act as a judge to E assess liability and impose penalty. It was no longer a regulator of private sa\ Ds yengeance/ The civil law and administration of civil justice helped the wrong * and becasfe a substitute for the violent self help of the primitive days. In modern times the function of appointed jurists is performed by Magistrates and appointed by the state. _ : NECESSITY OF ADMINISTRATION OF JUSTICE: Without administration of Justice life of a man living in a society would be insecure, and nasty, thus administration of justice by the state is very important.BPART-1 STUDEND, ols 126 moved by His OWN inergy ‘According to Salmond: Men do not have one reason in them and each in Mm gver men. Man is by naj ly alternative i ratio of all mankind without a one a n to cohere in any ute and passions, The on! fighting aninyal and force is the ultimate Ce for me power to keep them all in awe, itis imposes , y most primitive form of society, without it, civilization is unattainable. (i) According to Hobbes: Without a common power to keep all people individuals to live in society, without it injustice and the life of the people is solitary, 5 Administratio ne In the early days of the Physical force has to play an active part and nal my it were, forcefully but gradually 38 civilization developed man began, Paslize that it is good to check self terest and to respect the rights of & En habitually bowed before the law) When this stage force of the state was N used actively, it in awe, it is not possit is unchecked and Toe for brutish and short. ant, n’of Justice: .d naturally man had to be ta, 9 ‘ot required to reached, physical fecame latent. ‘Administration of Justice Is necessary ‘Administration of Justice is necessary: ws uniformity Oa protection of rights ace and stability (c)_ for pei as of society cl heck injustice © avoid anarchy for the smooth running of state void lawlessness ucate people (6 promote justice and fire play “(ky to promote equity (I). to promote welfare CLASSIFICATION / KINDS OF JUSTICE: (a) Natural / Moral Justice: It means that enforcement of rights and punishments of wrongs according moral standards or conception of right and wrong, just and unjust, aj () naturally to the mind and reason of man. : (6) Legal Justice: It means justice according to what the law declares to be just.Pfs. y SRG, ENGLISH JURISPRUDENCE (co) jond That now a days whro ma have aferen yea fat have different reasons or motives affecting rae thee the tne Power of law through administration of Justice which ; '© Society, This is in order that they do not revert to primitive, _-unetvilized state of unrest and anarchy (Wy Provides Uniformity: ' Uaws of the state are same for i i a all individual. There are no discriminations or classifications in legislated laws, is yn. There administration of Justice ensures Uniformity ee (un_-Provides Stability: Laws applied and administered in the course ister Ir of administering Justice are those let Ay ok ag PY the stale. Thus because ofthe state enacted laws There s stabiity not only in the governing of people but also in private lives of people. Since there is can rest and people have a way of redress in cases of injuries. ides. certainty: its alfact that law is more certain and clear when it is codified. A codified piece of legislation helps to remove ambiguities. When administration of justice is in process, the out come of problems is certain. Uncertainty has also made man feel uncomfortable. Thus certainty and clarity pervaded by administration justice is another point in its favor. Impartiality: ie Every one is equal before law. The rules and regulations apply to every one in the same canner. Thus there is no room for partiality and bias. \ (vl) Security: Laws define rights and duties. Administration of Justice guarantees that there rights are safe guarded and duties are performed. Thus a general feeling of i ‘security is prevalent in the society. (vii) Provides Justice: 4 - Most important advantages/merit is that administration of Justice ensures that every person is given equal Justice and his due share. (viii) Represents collective wisdom: Legal: Justice represents collective wisdom of people and law makers accumulated over many centuries. Thus when Justice is being administered that wisdom of centuries is behind the decision of one man i.e. the Judge. (ay According to S-J coke: “wisdom of laws is wiser than any man’s wisdom.” (ix) Substitute for private punishment and violent self - help: . system of Administration of justice is a’ civilized substitute for private - punishment and violent self help. It is tur checks other crimes being committed in result of one. 129 (wy) ea a130 _- adjust it to the changing needs oo jon of enacted law. Th ‘with laws- Besides they can ony Administration of Judges can give de priv laws and not legisiate them. DISADVANTAGES OF ADMINISTRATION OF JUSTICE: with it the evils of its own, According to Salmond: ter evil yet is brings ustice in respect of law. “Law is'no doubt a remedy of grea! Following are the various disadvantagesidemerits Of {i) Complexity: ore and more complicated ane law isto reg made from time to time to coq omplicated, > comes © 3d but as the chang e been codifie’ titis very complicated a well ‘ome money ffOM @ debi Examples: (a) A However, he files 2 suit after the lapee, of three years, Eq _may be on his side, but his sult ‘must fail n ACCOUNt Of the of imitation, which demands that suit m mmitted a murder. He three years. A person may have actually co! tonfess his guilt before a police officer who is an honest PoMtever, he does not make a confession befo Magistrate: If he is convicted on the basis of his confess, tion has to be set sida Modern society is becoming 1 its needs, it has t or simplify the legal s) With the changing modern times laws have society isvery complex the law made to sui creditor has to realize 8 before the police officer, his convic! law of the country. Even if a guilty pe it is opposed to the escapes, judges are not bothered about it. They do not and are not expected to play the role of legislators. m Formalities and Technicalitie inistration of justice, Judges are more concerned with the form than; itent 2 . re too, concerned with the legal technical ich some times lead to iustice for example. A plaint may be 1 . / vecause formalities are not complete although the subject matter is fine. "4 (iy Rigi: a Law has already been laid down in precedents. Kt is not always possible f society. Society may change more result in hardship and injustice in certain ca that “hard should not make bad law’, (ii) in than legal justice and may Judges act upon the principles In administration of justice the ri i Nn oO gid character of law is represented 4 seen. nang precedents that are binding decisions of superior oy (wv) : cheese to law: e pees of the law, the fair and equitable treatment individuals under | A title given to certain judges, such as federd!