Administration of Justice

Necessity of a System for Administration of

Justice
• For attaining civilization and controlling the wild
nature of man –Man is by nature free and wild having
these traits as his inbuilt quality---presence of a
common power and use of force is necessary to
acquire the submission of human will
• To coerce the recalcitrant minority ----use of force and
presence of common power is important to prevent
the trouble makers from gaining an unfair advantage
over law abiding citizens
• To prevent man from redressing his wrong by his own
hands ----end the primitive practice, MAN, A JUDGE IN
HIS OWN CAUSE ---to enable the state for substituting
old practice with a proper system of administration of
justice
Origin of Administration of Justice
• STAGE---1 Locke’s Concept
• Man lived in a state of nature
• Might was right
• Man, a judge in his own cause
• STAGE----2 RISE OF POLITICAL ENTITY – STATE
• Necessity of a state which would be responsible for
regulating Private vengeance and violent self help
• Mode of adjudication through mediation were adhered-
people were reluctant
• STAGE---3 DEVELOPMENT OF STATE
• System of govt was regularized
• Old barbarous system of dispute settlement was
abolished
• Modern concept of a proper judicial system was
introduced for adjudication of disputes via courts of
law
Definition of Administration of Justice
• Maintenance and enforcement of right in a State by use of
force through an authority implied by the basic law of the
land
• Classification of Justice
• Distributive Corrective
• Distributive-------it governs the legislative distribution of
rights anf obligations , benefits and burden, powers and
disentitlement with respect to the citizen of the state
• EXAMPLE- Right to have contract fulfilled ----case of breach
would be dealt with damages
• There is a distribution of a balanced set of rights and duties
in law
• Corrective OR Legal Justice -----Restoration of the
(rights and duties), set position determined by law
when distributive justice is disturbed or infringed ----
the function of the Court is to apply justice in its
corrective sense
• EXAMPLE----Every person has a right to own and
possess property- as specified by law of the land- and
thereby no one can be deprived of the same without
due process of law- a balance has been maintained by
DISTRIBUTIVE JUSTICE ---Unlawful dispossession would
be dealt by the courts via different remedies -
CORRECTIVE JUSTICE would come into play
 Division of Corrective Justice
• Civil and Criminal justice
• They both deal with wrongs
• Concept of Wrong-----Blackstone says
• Wrongs are divisible into two sorts or species, private wrongs
and public wrongs . The former are an infringement or
privation of the private or civil rights , belonging to individuals
considered as individuals and are thereupon frequently
termed civil injuries; the latter are a breach and violation of
public rights and duties which affect the whole community
considered as a community and are distinguished by the
harsher appellation of crimes and misdemeanors
Difference between Civil and Criminal
Justice
• Civil justice deals with Private and criminal with Public
Wrongs
• Both justice systems have separate set of courts
• Nature of remedies for both systems is different
• RESEMBLANCE ----Sometimes some wrongs are
treated as both civil as well as criminal wrongs----Logic
revolves around the intensity of the harm caused by
that action which justifies it to be a civil as well as a
criminal wrong
• Punishments may also resemble ----criminal court may
order for payment of compensation and civil court
may order punitive damages or send wrong doer to
civil jail
Objective of Punishment
• Punishment ------as an end in itself
• Punishment------as a mean towards an end
• Punishment--------AS A MEAN TOWARDS AN END ----
• Deterrent Theory
• Preventive Theory
• Reformative Theory
Punishment--------AS AN END IN ITSELF
• Retributive Theory
• Expletive Theory
 Civil Justice –
Primary and Sanctionary Right
Types of Rights Enforced in Civil
Proceedings
• Primary Rights
• Sanctioning Right
• Conceptual Definition
• Right which arises out from the violation of another
right is called Sanctioning Right ---this implies that
sanctioning rights have their source in wrong, all other
rights are primary rights
Example-
• I have a right not to be defamed, or assaulted- this is my
primary right
• Case of defamation- My right to get damages for defamation
is my sanctioning right
• LOGIC------Primary rights do not arise from the causation of a
wrong-----sanctioning rights arise when a wrong is caused
and remedy is to be taken
• EXAMPLE------Breach of Contract
• Performance of the contract as agreed---Primary right
• Compensation in case of breach----Sanctioning right
Administration of Civil Justice and
Substitution of Rights
• At times [Primary Rights are not enforced
• -----Legal Impossibility
• -----Not expedient

• EXAMPLE OF LEGAL IMPOSSIBILITY------Destruction of

land by negligence----here the same soil cannot be
made ready again ---remedy would be payment of
damages equal to the value of property
• Enforcement is possible but not expedient----Example Breach
of promise to marry
• Primary Right is not enforced , a sanctioning right of
compensation is enforced substitutable
• LOGIC
• When there is a violation of Primary Right ---it is not the
primary right itself that is enforced ---sanctioning right is
enforced ----due to causes of legal impossibility or
inexpedience
Sanctional Enforcement
• Enforcement of Sanctioning Right is called sanctioned
enforcement
• It is not the specific establishment or re establish,ent of the
actual state, rather it is a substituted execution of a different
right aiming to remedy the wrong caused
• SPECIFIC ENFORCEMENT -----Enforcement of Primary right is
called specific enforcement ---Law insists on the specific
establishment or re establishment of the actual state, rather it
is execution of the same right aiming to remedy the wrong
caused eg specific performance of contract, restoration of
land, debt payment etc
Types of Sanctioning Rights
• Right to receive a pecuniary penalty –eg fine payment
• Right to receive damages

• Sanction Right- Compensation Types

• Restitution
• Penal Redress
Restitution
• It is the restoration of the monetary value (giving back the
economic value) of any benefit wrongfully obtained,
detention of other’s goods or wrongful enrichment at
another’s expense ----it is the repayment of the advantage
taken by the defendant over the plaintidff
• Penal Redress ----payment of the loss which the plaintiff has
suffered which may exceed the actual damage
• For the plaintiff this payment will be a mere compensation
but for defendant it will be a punishment as well
Extra Judicial Enforcement
• This is the case of enforcement of rights by self help and not
by courts
• Specific and Sanctional
• Examples
• Ejection of a trespasser ----Specific
• Keeping property until dues are returned -----Sanctional
• Seizing of animals who caused damage to the property, and
belong to someone else , until the loss is compensated ……
Sanctional