Justice? - A Jurisprudential Thought
Administration refers to management and justice refers to the implication of rights and fairness. It means the maintenance of rights within the political community through the material power of the state. For a sound judicial system, the state ’s physical strength is the primary condition.
Every country has two basic functions:
Salmond said that the state was established with its territory as a human society, with the aim of maintaining order and justice within a certain territory by force. The state maintains law and order and establishes peace and social security. If the state fails to maintain law and order, it cannot be called a state. The main functions of judicial administration are to protect individual rights, enforce laws, and punish criminals.
There are three main points for defining the administration of justice
Politically organized society
The physical force of the state
Maintenance of right as the object
The emergence of the Administration of Justice
The human being is influenced and stimulated by the social nature to inhabit in a particular community. This social nature of man requires him to live in a society. However, living in a society can cause conflicts of interest and arouse demands for judicial administration. Likewise, development and modernization took place and the transforms, considered as the standards of the judicial development, the organic solidarity to the mechanical one.
Once the judicial needs are recognized, the state arises at the historic moment. Earlier, there is no judicial or administrative organ for the functioning and the maintenance of the law and order, but with the development and transformation, judicial organ with executive plays a crucial role in today’s scenario.
According to Hobbes, "having a common force is necessary to enable people to keep in control of the community. He said that unless people have the" common power to make them awe”. But these evolvements take place in stages:
Earlier Stage - In the 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.
Later Stage - It dealt with the state coming into existence in its rudimentary form when its functions were only persuasive in nature. It did not have to enforce power by which it could punish the wrongdoer.
Present Stage - In this stage 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, justice remained private in nature without the compulsive force of the State.
The administrative organ brings integration and equilibrium in the society which further leads to the organized evolution of the law and order.
The administrative system depicts the communal prudence of society. Sir Edward said that the wisdom of law is wise than that of anyone, and justice represents the wisdom of the community.
Because the rules are fixed, it helps judges apply the law uniformly.
As the law is known to citizens, it enables them to regulate their actions according to the law
It is rigid. The rate of change in society is always faster than that of legal justice.
Legal justice is full of technicality and formality.
Legal justice is complicated. Our society is also very complicated. Therefore, in order to meet the needs of society, we need complex laws.
(Salmond) said: "There is no doubt that the law is a remedy for the greater evil, but it brings its own evil.”
5. Types of Administration of law
Criminal wrong is a public wrong, and civil wrong is private wrong.
The main purpose of civil justice is to provide relief to the injured party through compensation or other means. There are two types of civil law enforcement rights: rights and sanctions.
Criminal justice is the punishment of offenders. The punishment can be described as the consequence of evil (imprisonment or death) imposed by the state organs on individuals who are usually found to be criminal.
There are many theories concerned with the administration of justice, as the main purpose of the judicial system is to punish the wrongdoer and maintain law and order, from the ancient times, there are a number of the theory have been used for the purpose of punishment. Such as deterrent theory, preventive theory, reformative theory, and retributive theory.
ABOUT THE AUTHOR
Meenakshi Sharma is a 3rd Year BA LLB (Criminal Law) Student at University of Petroleum and Energy Studies
LinkedIn ID: http://linkedin.com/in/meenakshi-sharma-6641a91b2
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