Administration Of Justice

English Jurisprudence

Name
Muhammad Toukeer

Class
L.L.B(Hons) Morning

Semester
5th Semester

Roll No
50012

Subject
English Jurisprudence II

Submitted To

Sir Dr. Amir Manj Sb

Department

College Of Law

Government College University Faisalabad

Contents
The Meaning of Administration of justice
I. Definition of Administration of justice
II. Necessity of the Admininstration of justice
i. Man is violent by nature
ii. Men cannot be left alone to grant justice to
others
Origin Of Administration of justice
a. Only primitive societies can thrive without a
superior
b. Force
c. Administration of justice became a substitute for
d. private vengeance and self help
Regulation of Human Conduct and Sanctions
Law is Logically Subsequent to the Administration of justice
Meaning And Types Of Justice
I. The Meaning of justice
II. Commutative justice
III. Distributive justice
IV. Corrective or legal justice
Justice According To Law
Criminal justice
The Justification of Punishment Theories
a. Retribution
b. Deterrence
c. Reformation
d. Preventive
e. Substitutory
Civil Justice
Secondary Functions of Courts in Civil Justice
Conclusion

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The Meaning of Administration of Justice1
The meaning of administration of justice followed by the discusion of
its necessity. The issue raised by salmond about what came
first,whether the law or adminstrationn of justice, will taken up.
There in the meaning of administration of justice to take up the
peaoples assigned the rights and duties whose perform in the
society.
Definition of Administration Of Justice
According to salmond
Salmond says that law is the body of principles which recognized
and applied by the state for the administration of justice.
The law defined in the term of administration of jjustice to necessary
to understand the meaning of adminsitration of justice.
Administration of Justice
Defined the maintenance of right within a political
community by means of the physical force of state. Physical force
divides into two parts
I. Judicial force
II. Extra judicial force
Judicial force means that adminstration of justice through the
procedure of courts e.g. precedents or judicial precedents of
courts of law.
Extra judicial force means the force applied in the case of war.
In which the armed forces uses in the case of war.

Explaination of definition of administration of justice

According the salmond the administration of justice is a function of
the state and such administration is carried out through sanctions or
some form of compulsion.
According to salmond the administration of justice is very important
ingredient for the peoples or regulate the human conduct in the
society. The peoples by coercion or by the fraud or violation of the
law give disadvantages or injury and damages to the peoples live in

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Jurisprudence By imran ahsan khan Naiyazi

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the society. Due to this reason the administration of justice also
occur in the society to give the rights to the peoples. By sanctions we
can occur the administration of justice.
Necessity of the Adminstration of justicei
In this section we deal with the necessity of administration of justice.

Man is violent by nature

In which the necessity of administration of justice is required
because the man is violent by nature. Violent personality and
behavior by the nature involve in the man. The man want to use his
violent to occur infringement of rights of peoples who live in the
society. Man use his coercive force breach the rights of peoples. By
this way the peoples can not exercise his right accoding to his
freedom. Due to this reason by sanctioning or in the form of laws the
administration of justice is necessary to regulate the human conduct
in the society.

Men cannot be left alone to grant justice to others

The main function of a state is to govern in accordance with justice.
Human society has shown that some form of compulsion and control
is essential for the realization in human conduct of the idea of the
justice. In which by compulsion the men cannot left alone to gran the
justice to others. Because the men control the different compulsion
which relates to the society. By the use of state this concept can
remove from the society to regulate the human conduct.
Salmond says that
That if we are to maintain justice, it is necessary to add
compulsion to instruction. It is not enough to point out the way; it is
needful to compel ment to walk in it. Hence the existence of various
regulative or coercive systems, the purpose of which is the upholding
and enforcement of right and justice by some instrument of external
constraint.

Origin of Administration of justice

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To examine the origin of administration of justice we discussed about
the nature of primitive societies.
Only primitive societies can thrive without a superior force
in the primitive societies the men by self or use his physical
force or by himself upon his enemies or by the hand of his friends to
commit the wrongs or breach of rights of peoples. In the primitive
society the law is not present. Every person by use his force or power
to breach or violate the rights of the people. But in the modern
society this thing has been finished because the state give the right
to the peoples in the forms of sanctions and other sources of law.
Due to this reason the origin of administration of justice also based
upon the primitive societies.

Administration of justice Became a Substitute for private

Vengeance and Self-help

One of the most important element in which the natural to civil state
substitution of force. In which those peoples live in the society to get
the administration of justice by an instrument of sanctioning in the
form of injuries in criminal justice system. Peoples can vengeance in
the form of criminal act or injury and get the administration of justice
use the instrument of sanctions in the modern society.
But the administration of justice is substitute for selfl-help in the civil
and modern and civilized substitute for the primitive practices
vengeance and violent sel-help.
According to salmond
the administration of justice by the state must be
regarded as permanent and essential element of civilization, and as a
device that admits of no subtitute.

Regulation of Human Conduct and Sanctions

There are three major systems for regulation human conduct.

1. One of the most important of these systems is the

administration of justice by the state.

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 2. Another is the control exercised over men by the opinion of the
society in which they live. This include religion.

3. A third is that scheme of coercion established within the

society of states for the enforcement of the principles of
international justice.

1. The administration of justice by state means that in regulation of

human of human conduct in the society the state includes
Primary functions of state
1. Administration of justice
2. war
State means in which also two aspects involved
1. Pillors of state
2. Elements of state

2. The control exercised over men by the opinion of the society

means the peoples live in the society have religious freedom. Due to
this reason religion also take the part in the regulation of human
conduct.

3. In which the coercion means the instrument of coercion by any

regulative system is called a sanction. By means of sanctions the
punishment and penalty imposed on the wrongdoer and is very
effectual way to maintenance of right and give the right to original
owner of the right.

Law is Logically Subsequent to the Administration of

justice2
Law has been defined as body of principles which recognized and
applied by the state for the adminsitration of justice. In this
definition two aspects occur
2
Jurisprudence by Salmond

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 1. Logical order
2. Administration of justice
The law or this name implies
1. Maintain the right
2. To uphold the justice
3. To protect the right
This concept argued that justice is the end, law is merely the
instrument and the means; the instrument must be defined by refere
ce to its end.

Meaning and Types of Justice

The meaning of justice is understood by looking at the general
meaning and the type of justice described by thinkers like Aristotle

The Meaning of justice

According To Aristotle
Aristotle says that there is no proper definition of
justice and justice definition conflicts to other jurists. Justice is the
the society according to the right and duties of the peoples. Aristotle
give the types of justice

Types of justice
1. Commutative justice
2. Distributive justice
3. Corrective or legal justice
Commutative Justice
This kind of justice is the proper adjustment of the relations of
private individuals, particularly by means of the legal remedies
designed to award adequate damages in contract and tort cases or
lost property, grant restitution etc.

Distributive Justice

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 Distributive justice determines is due from the collectivity to its
members; it governs the legistlative distribution of rights, powers,
honours, and reward
The role and status of an individual are expressed in the terrms of
rights and obligations, and these rights and obligation through rules
and regulations.
The main ingredients of distributive justice
 Distribution of rights
 Distribution of obligations
 Fundamental rights

Corrective or Legal justice

Legal justice concerned with what is owed to the
collectivity by it members. Its object is ordination for the
common good. That is determination of the duties and
obligationns which the memebers of society owe to the social
whole, such as revenue, military service, participation in public
functions, obedience to law and legitimate orders. Its object is
the public good(of the state or of the public)
 Military services
 Reveneu
 Public inerest
Justice According To Law
1. Criminal justice
2. Civil justice

Criminal justice
According to Rupert Cross
the purpose of the criminal justice based on the penal
system is to reduce the crime by making as many people as
possible wants to obey the criminal law and the general
practice of punishment by the state is only justified
criminal justice has two objectives
1. reduce the crime
2. promotion of respect for the criminal law
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 except this in the criminal justice system ealaborate the
machinnery
1. The Police
2. The Prosecution
3. The Courts
4. Parole and Probation
5. The role of the defence lawyer is equally important

Except this machinerys different rules of criminal justice alse

mentioned in
 Pakistant penal code
 Constitution of pakistan 1973
 Criminal procedure code
 Anti-Terrorism Act
 Police Order 2002
 Prison Act
The general purpose of criminal justice system
i. To forbid and prevent conduct that unjustifiably or threat to
harm of individuals or public interest.
ii. To safeguard conduct that is without fault from condemnation
as criminal.
iii. to differentiate on reasonable grounds between serious and
minor offences.
The general purpose sentencing and treatment of offenders
i. To prevent the commission of offence
ii. To give fair warning to offender
iii. To promote the correction and rehabilitation of offenders.

The Justification of Punishment or Theories3

1) Retribution
2) Deterrence
3) Reformation
4) Preventive
3
https://www.google.com/search?client=opera&q=theroy+of+punishment&sourceid=opera&ie=UTF-
8&oe=UTF-8

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Retribution
Moral blameworthiness
The basic assumption of this retributive theory is that crime is a
a moral wrong.if the any person injured or harm to another
person that is considered in crime and also considered in the
wrong. It is based on the maxum
Eye for an eye
A tooth for a tooth is called qisas.
Proportionality to guilt
When the any person commit crime according to this
theory the state or court declare the person acused or
offender. The court give the conviction to the offender against
his crime who commit against the state. State or court give
punishment of offence.

Deterrence
The deterrence theory in which the prevent the society from
the wrongdoer. The protection of the public by the reduction of
crime and the maintenance of law and order.
Deter means abstrain from doing any act. In which prevent
from crime to the personl it serves as a warning to offender to
not or repeat the offence again or in the future.

Reformation

In modern times, a substantial part of the legislation is

directed toward the rehabilitation of the offender. Retributive
punishment closes the account , reformative punishment opens
it. The objective of this theory to reform the behaviour of
criminals. The idea behind this theory no one is born as
criminal. This theory proved the successful cases of young
offender.

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 By retributive theory the any person give the punishment in the
period of punishment also reforms or reformation the
behaviour of the criminal. By reformation the can reduce the
rate of crimes and create peace and administration of justice in
the criminal justice.
Preventive

If the deterrent theory tries to put an end to the crime by

causing fear of the punishment in the mind of the possible crime-
doer, the preventive theory aims at preventing crime by disabling the
criminal, for example, by inflicting the death penalty on the criminal,
or by confining him in prison, or by suspending his driving license, as
the case may be

In the ultimate analysis, the preventive mode of punishment works

in three ways, viza)
by inspiring all prospective wrong-doers with the fear of
punishment;
b) by disabling the wrong-doer from immediately committing any
crime; and
c) by transforming the offender, by a process of reformation and
reeducation, so that he would not commit crime again.

In this connection, the following extract from Rule 58 of the

International Standard Minimum Rules is illuminative: "The purpose
and justification of a sentence of imprisonment or a similar measure
derivative of liberty is ultimately to protect society against crime.
This end can only be achieved if the period of imprisonment is used
to ensure, so far as possible, that upon his return to society, the
offender is not only willing, but also able, to lead a law –abiding and
self-supporting life."

IN the criminal administration of justice sec 53 of Pakistan

penal code define the punishment and kinds of punishments. Than

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punishment and different kinds of punishment also play role in
criminal administration of justice.

Civil Justice4
The goal of the civil administration of justice system is the
adjudication of rights. Rights enforced in civil proceedings are either
primary rights or sanctioning rights. Primary rights arise through
norms, while sanctioning rights arise through the violation of primary
right. Primary rights including
1.right in rem 2.right in person
My right to the fulfillment of contract made with me is a primary
right, while the right to damages for its breach is a sanctioning right.

The enforcement of primary rights are as follows

1. Proceedings through which a defendant is compelled to pay a

debt;
2. Proceedings for the restitution of property wrongfully detained
3. Proceedings to restrain someone from committing a trespass or
public nuisance.
4. Proceedings to make the defendant repay money obtained by
fraud.

These enforcement of primary rights and give damages of primary

rights in the form of sanctioning rights also called civil
administration of justice.

Secondary Functions of Courts in civil

Administration of justice

Actions against the state

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Wikidepida

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 The state is the judge in its own cause when claims by
individuals are made against it. Thus, while the action is tried as if it
were a claim between subjects and damages may be awarded, the
state cannot exercise constrain against itself. Neverthless, such
proceedings are part of the administration of justice.

Declaration of right
A litigant may claim the assistance of a court of law, not
because his rights have been violated, but because they are
uncertain. He requires an authoritative declaration that the right
exists. Such a declaration may then become a ground for subsequent
proceedings.

Administration
This pertains to the management and distribution of property,
like the administration of a trust or the liquidation of a company by
the court.

Titles of right
Judicial decree are employed for creating, transferring, or
extinguishing rights, like an adjudication of bankcruptcy, a decree of
foreclosure against a mortgage or an order appointing or removing
trustees.

Conclusion
 What is administration of justice
 How the necessity of administration of justice occur.
 Why should the administration of justice in the society.
 Which effects occur by removing the administration of justice.
 In two main catagories of administration of justice why criminal
and civil administration of justice is necessary.
 State and law also take part in administration of justice.

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 According of my opinion all these ingredients should
be necessary for the administration of justice.

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ii

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