(ii) The penal redress, where it’s not only restoration of all benefits which the wrongdoer has achieved through his wrongful acts, but also a full redress for the plaintiff loses. Driving from the words of Salmond it is clear that administration of justice means justice according to law. “Men being what they are-each keen to see his own interest and passionate to follow it-society can exist only under the shelter of the State, and the law and justice of the state is a permanent and necessary condition of peace order and civilization.”. History of law enforcement. Trespassing of property is another example. As the law grew and developed the concept of justice walked parallel and expanded its tentacles into different spheres of human activities. It is part of the balance which Allah has created. In the words of Paton, ‘this theory seeks to prevent the prisoners from committing the crime by disabling him.’ It pre-supposes that need of punishment for crimes simply arises out of social necessities, as by doing so the community is protecting itself against anti-social acts which are endangering social order. Toullier defines it to be the conformity of our actions and our will to the law. Overall it could be stated as it was a kind of abatement prompted by society to victims. The constant and perpetual disposition to render every man his due. – On Surrogacy – By Sakshi Shivpuri, Quasi Contracts and Claim for Compensation, National Video Making Competition “Light, Camera, Action” | UILS, Panjab University, 3rd Bennett National Moot Court Competition 2021. Chagla, the former Chief Justice of the Bombay High court observed in the case of, It also determines the concept of Processual Justice based on natural law which is the very basis of not only substantive law but also the remedial justice. To establish justice in the world is to destroy the bad and the evil, to stop the strong exploiting the weak, to develop knowledge and welfare of the people.15 Verily that which is justice is truth16 and the law is a means to an end and justice is that end.”17 A knowledge-based society is … Your email address will not be published. According to Walter A. Bordenn, MD (American Academy of Psychiatry and Law Newsletter) the concept of justice originated approximately a century before the time of Socrates. The concept of justice is as old as the origin and growth of human society. Criminal justice, on the other hand, affects society in general even if specific people are victims. It demands that all citizens should have adequate opportunities to earn their livelihood and get equal pay for equal work, which could substantially help them in fulfilling their basic needs. He further stated that offenses are committed by reason of conflict of interest of the offender and the society. If any legislation is found to be defective, it cannot assume legislative functions. In the most extensive sense of the word, it differs little from virtue, for it includes within itself the whole circle of virtues. It also connotes remedial rights under it, where the purpose may be either imposition of a pecuniary penalty upon the wrongdoer; or providing for pecuniary compensation to the plaintiff in respect of the damages which he has suffered from the defendant’s wrongful act. The main purpose of administration of criminal justice has always been to punish the offender, while in certain general exceptional cases the accused may get acquitted. They are of following kinds:-. Physical force of the state is the sole or exclusive factor for a sound administration. Fr. This model is based on the belief that the criminal justice system is in place in order to maintain peace and order throughout the country. Various theories are advanced in justification for punishing the offender. The administration of justice in modern civilized societies has evolved through 4 stages:-, “Men being what they are-each keen to see his own interest and passionate to follow it-society can exist only under the shelter of the State, and the law and justice of the state is a permanent and necessary condition of peace order and civilization.”(Salmond). For example, the natural law school of jurisprudence believes that justice means the implementation of religious laws. For example, breach of a contract between two parties will affect only one of them. Required fields are marked *. The essence of legal justice lies in ensuring uniformity and certainty of law and at the same time ensuring the rights and duties duly respected by all. In his book The Mechanical Ethics, Aristotle discusses the concept of Justice in Book V. Justice is used with its many different connotations. In the case of evaluative concepts such as liberty, democracy and justice, the distinction between defining and advocating is … Classically, justice was counted as one of the four cardinal virtues (and sometimes as the most important of the four); in modern times John Rawls famously described it as the first virtue of social institutions (Rawls 1971, p.3; Rawls, 1999, p.3). Indicating that (1) justice is a moral- an inbuilt yardstick by which humans can judge their conduct and that of others and not a learnt behavior, (2) we do realise that justice is an unachievable standard and (3) that humans strive to eliminate what they perceive as a correctable injustice that occurs in their surroundings. The term justice has been derived from the Latin word ‘Jungere’ which means to bind or tie together, thus in this way it can be stated as justice is the key ailment which ties the individuals in the society together and harmonizes a balance between them and enhances human relation. However, in both these examples, justice just means enforcement of what the law perceives to be right. From financial inclusion to better health care the state government should create opportunities for them by generating employment opportunities, following MNREGA, RSBY and so on. The term ‘Deter’ means to abstain from doing an act. And with its transformation, private revenge and self-help got substituted by the administration of criminal and civil justice through law courts. The notion of justice is the impartiality imbibed in it. 1. 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