Legal Theory PROJECT
Legal Theory PROJECT
Legal Theory PROJECT
Submitted By
MOHAMMAD ZIYA ANSARI
BALLB (HONS)
SEMESTER-VI
ENROLLMENT NO- GI- 6492
FACULTY NO- 17BALLB- 72
PROJECT
Submitted To
DR. GAURAV Sir
Assistant Professor, Faculty of Law
Aligarh Muslim University
ALIGARH-202002 (INDIA)
SYNOPSIS
1- INTRODUCTION.
4-DEFINITION OF JUSTICE.
6-IMPORTANCE OF JUSTICE.
8.CLASSIFICATION OF JUSTICE.
11-CONCLUSION.
12- BIBLIOGRAPHY.
ACKNOWLEDGEMENT
THANKING YOU
MOHAMMAD ZIYA ANSARI
BALLB-3rd Year GI-6492
17BALLB-72
1. INTRODUCTION:
One of the most important and indispensable functions of a State is administration of Justice.
Justice is an attribute and characteristic of civilized society. The concept of justice is as ancient
as the advent of human race though the formal dispensation of justice has undergone a constant
evolution. While living in society, situations involving conflict of interest between individuals
and group of individuals are bound to occur and hence right from the advent of human life the
quest for justice has begun and is bound to continue as an endless process. State maintain law
and order and establish peace and social security. Administration of Justice is one of the
primary functions of the State. The main function of the administration of justice is the
protection of individuals' rights, enforcement of laws and punishment of wrongdoer. In
determining a nation's rank in a political organization, no test is considered more decisive than its
administration of justice, for it has been conceived as one of the firmest peelers of an y
government1.
According to salmond, a state with reference to its territory as a society of men established for
the maintenance of order and justice within a determined territory by way of force. State
maintain law and order and establish peace and social security. If state failed to maintain the law
and order it can’t be called state. The main function of the administration of justice is the
protection of individuals right, enforcement of laws and punishment of criminals3.
Once the need for Administration of Justice was recognized, the State came into being. Initially,
the so-called State was not strong enough to regulate crime and impart punishment to the
criminals. During that point of time, the law was one of Private Vengeance and Self-Help. In the
next phase of the development of Administration of Justice, the State came into full-fledged
existence. With the growth in the power of the state, the state began to act like a judge to assess
liability and impose penalty on the individuals. The concept of Public Enquiry and Punishment
became a reality. Thus, the modern Administration of Justice is a natural corollary to the growth
in the power of the political state5.
The origin and growth of administration of Justice is identical with the origin and growth
of man. In modern civilized societies, it has evolved through stages6.
First Stage -
In early stage when society was primitive and private vengeance and self-help were the
only remedies available to the wronged person against the wrongdoer. He could get his wrong
addressed with the help of his friends or relatives.
Second Stage -
The second stage of development of the society was characterized by the state coming into
existence in its rudimentary form when its functions where only persuasive in nature. It did not
have enforcing power by which it could punish the wrongdoer.
Third Stage -
In the third Stage of development of society, wrongs could be redressed by payment of
compensation by the wrongdoer to the wronged(victim) who was affected by the wrongful act.
Thus up to this time, the justice remained private in nature without the compulsive force of the
State.
4-http://www.desikanoon.co.in/2012/08/jurisprudence-notes-administration-of.html.visited on-
11:15am,17 May,2020.
5-ibid.
6-Supra note-2, same pg.
4-DEFINITION OF JUSTICE:
"Justice” is intended to be the goal of law. As SALMOND7 puts it Law is an instrument of
society, what then does the law aim to achieve is justice. In other words, as AUGUSTINE8 puts
it “An unjust law is no law “Justice” however is a word, which needs to be seen in context, in a
wider sense - justice is nearly synonymous with morality and in actual dispensation of justice
one or more area of morality is involved. Thus, justice is done when a criminal is convicted or a
person committing breach of contract is directed to pay damages because non-interference with
such act will be immoral too. However, all concepts relating to “morals” automatically cannot be
enforced in form of justice unless it has been formalized into law.
As against this is in narrower sense the concept of justice can better be understood by referring to
its converse “injustice”. While instances of injustice occur, quite often in everyday life the
administration of justice as made by State cannot recognize of remedy all such situation. Justice
in the context of Social Justice operates at two levels. Initially itis “distributive justice" where the
objective is to secure balance of equilibrium among members of society, as is done by various
laws. However, if such balance is attempted to be distorted then comes the “Corrective justice”
aiming to redress the wrong.
PLATO9 gave basis of justice as what was right both in conduct of individual and State.
According to ARISTOTLE10, justice was what was fair and equitable. Thus, Plato believed in
distributive justice as compared to corrective justice advocated by Aristotle. The concept of
justice cannot be taken on eternal and irreversible dictums.
As KOHLAR11 states law and justice varies with the time and place. “Law that is suitable for
one period, place or culture is not so for the another and we can strive to provide every culture
with its corresponding and appropriate system of justice”.
HEINRICH ROMMAN12 has defined law as instrument to promote justice. According to him,
“Law is based on reason and not mere will men must do that is fair and law must promote
justice.” Aristotle stated “the true relation between Law and Government is secured by malting
the law sovereign and the government its servant.
13-ibid.
D. JUSTICE AND CITIZENS
Citizens or in a wider sense ail individuals are connected with justice and its
orderly administration. First of all, the very concept of justice and law, inspires faith
in human beings that certain situations, acts or omissions will be handled, tackled
or dealt with in a particular manner by the State. As Dean ROSCOE POUND puts
it "In a civilized society man must be able to assume that others will make good
reasonable expectations which their promises create”.
From an individuals’ point of view, Justice though a dominant, cannot be
only possible or desirable goal of law. The law while on one hand should have
uniformity and should also have in-built flexibility. Any objective and fair system of
dispensation of justice should be governed by uniform laws so that the citizens can
plan in anticipation, their activities with a measure of certainty and predict the legal
consequences of his or other’s behavior.
6-IMPORTANCE OF JUSTICE:
14-ibid.
B. JUSTICE-SOLEMN COMMITMENT TO PEOPLE15:
Human civilization has its first and lasting intimacy with justice though the
notions, dimensions and goals of justice have undergone radical changes from
time to time. Justice was the highest interest of the man on earth. At any rate it is
something which men seek it persistently, fight for it resolutely, expect confidently
from the Ruler and the denial or absence of which they resent bitterly.
However, expressions of ail men do not possess the proficiency to define it,
even those who have such proficiency cannot translate the term in cohesive
manner. HAROLD POTTER, has hence observed, “Most men think that they understood the
meaning of justice but their notions appear to be vague.”
15-ibid
16-ibid.
17-ibid.
A. MAHATMA GANDHI’S VIEW:
Mahatma Gandhi, an eminent lawyer in his early days believed that the law
and legal profession should not be used for selfish motives but a sacred service to
the society. He also believed that duty of a lawyer is always to place correct facts before
foe judges, and to help them to arrive at foe truth, never to prove foe guilty as
innocent. Gandhiji firmly believed that the system of administration of justice at times
distorts and defeats justice. This important aspect of Gandhi’s vision of India is totally neglected
by even his staunch followers. Gandhi believed that law is not an intellectual’s legerdemain
but is has largely so remained.
D. SALMOND’S VIEW
Salmond has stressed the need for a common power to keep all human beings in awe and such
force was present in one form or other ever since the primitive stage of the society. However,
force, as an instrument for the coercion of mankind is merely a temporary incident. Hence, in all
orderly societies the State declares the rights and duties of the subjects and the justice is to be
administered
only when deviation takes place. With the gradual growth of the power of the Government, the
State ventures to suppress with strong hand the violation of norms reflected in form of laws.
Thus, administration of justice is essential for the orderly governing of the subjects and the State.
G. HOBB’S VIEW:
Hobbs is of the view that whatsoever is consequent to a time of war, where every man is enemy
to every man, the same is consequent to the time, wherein man live without other security, than
what their own strength, and their own invention shall furnish them with all. In such condition,
there is no place for industry, because the fruit thereof is uncertain, no accounts of time, no
society and worst of all, continual fear and danger of violent death. Justice is the conscience of
the whole community and the subjects should be governed by it.
8-CLASSIFICATION OF JUSTICE:
b. Public Justice- Public Justice administered by the state through its own tribunals and courts.
It regulates the relationship between the courts and individuals. Public Justice is the means by
which courts fulfil that ends of Private Justice.
Importance and Purpose of Criminal Justice –The main purpose and object of criminal
justice is to punish the wrongdoer (offender) and to maintain law and order in society. It is the
State which punishes the Criminal. Punishment necessarily implies some kinds of pain inflicted
upon the offender or loss caused to him for his criminal act which may either be intended to deter
him from repeating the crime or maybe an expression of society disapprobation for his Anti-
Social conduct or it may also be directed to reform and regenerate him and at the time ported the
society from criminals.
B-Civil Administration of Justice22 -The main object of the administration of civil justice is to
provide relief by way of compensation or other relief to the injured party. The rights enforced by
Civil proceedings are of two kinds viz., Primary rights and Sanctioning rights. Primary rights are
those which exist as such. They do not have their source in some wrong. Sanctioning or remedial
rights are those rights which come into being after the violation of a primary right. A primary
right is right arising out of conduct or as a jus in rem. A sanctioning the right is one which arises
out of the violation of another right.
20-ibid
21-ibid.
22-ibid.
11-CONCLUSION:
In the end we can say that administration of justice is the firmest pillar of the Government. The
modern administration of justice is a natural corollary to the growth in power of political state,
which began to act as a judge to assess liability and impose penalty. War and administration of
justice are two most essential functions of a state. If the state is not incapable of performing these
two functions. It cannot be called a state. Administration of justice implies the maintenance of
peace and order within a political community by means of physical force of the state.
12-BIBLIOGRAPHY:
1- https://www.srdlawnotes.com/2018/02/administration-of-justice-jurisprudence.html
2- https://www.srdlawnotes.com/2018/02/administration-of-justice-jurisprudence.html
3- www.desikanoon.co.in/2012/08/jurisprudence-notes-administration-of.html
4- - www.legalserviceindia.com/legal/article-856-administration-of-justice.html