Title English Jurisprudence question No 4..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 04: Explain the origin and necessity of “Administration of justice”? Also discuss various kinds of justice? (This question is from 3 rd topic of the Outline). 1. INTRODUCTION: The "Administration of justice" is the core function of the state, originating from the need to resolve conflicts fairly. It ensures order by providing a structured system for dispute resolution. Various justice types, like distributive, retributive, and corrective, serve to maintain societal balance, upholding individual rights and contributing to a just community.
2. MEANING OF JUSTICE: • According to Black’s Law Dictionary: “The fair and proper administration of law.” • According to Oxford Dictionary of Law: “A moral ideal that law seeks to uphold in the protection of rights and punishment of wrongs.” 3. MEANING OF ADMINISTRATION OF JUSTICE: • According to Black’s Law Dictionary: “The maintenance of rights within political community by means of the physical force of the state.” 4. DEFINITION OF ADMINISTRATION OF JUSTICE: • According to Salmond: “The process of maintaining justice within a political community by means of physical force of the state.” • According to Lord Bryce: “There is no batter test of the excellence of a government than efficiency of its judicial system.” 5. ORIGIN & GROWTH OF ADMINISTRATION OF JUSTICE: We can discuss the origin and growth of the administration of justice as follow. • Private or First Stage: In the beginning, people handled justice privately, relying on personal agreements and community customs to resolve disputes. • Transitional or Second Stage:
As societies evolved, designated individuals and early legal codes emerged to bring more structure to justice, transitioning from purely private to organized systems. • Final or Third Stage: The last stage saw the establishment of formal legal systems by governments, with courts, laws, and institutions ensuring fair and consistent administration of justice. 7. NECESSITY OF ADMINISTRATION OF JUSTICE: Justice is crucial because it ensures fairness, protects people from harm, and maintains order in society. It builds trust, promotes equality, and provides a peaceful way to resolve conflicts. Overall, justice is essential for a balanced and harmonious community. • Maintaining Order: Administration of justice is crucial for maintaining a peaceful and orderly society. It ensures that rules are followed, preventing chaos and promoting a stable environment where people can live and work without fear. • Protecting Rights: Justice systems are essential for safeguarding individual rights and freedoms. By providing a fair and impartial platform to address legal matters, they protect citizens from unjust treatment and ensure everyone is treated with dignity and respect. • Resolving Disputes: Courts play a vital role in settling disagreements fairly. Through a legal process, individuals can present their cases, and decisions are made impartially, helping to bring resolution and closure to conflicts. • Deterrence of Crime: The administration of justice serves as a deterrent to crime by imposing fair and appropriate consequences for unlawful behavior. Knowing that there are consequences for actions discourages potential wrongdoers.
• Promoting Fairness: Justice ensures equal treatment for all individuals, irrespective of their background or circumstances. This principle of fairness is fundamental to building a just and inclusive society. • Restoring Balance: For victims, the justice system provides a means of finding resolution and closure. It helps restore balance by addressing the harm caused and offering a pathway to healing and recovery. • Social Harmony: Justice contributes to social harmony by addressing disputes and conflicts in a systematic and fair manner. This fosters a sense of community and cooperation among citizens. • Upholding Rule of Law: Administering justice reinforces the importance of the rule of law, emphasizing that no one is above it. This principle is foundational to a functioning and just society, where laws are applied consistently and equally to all. 8. CLASSIFICATION OF JUSTICE: Justice can be classified into two main types, natural justice and legal justice. • Natural Justice: Natural justice is based on fundamental principles of fairness and equity that exist inherently in human nature. • Legal Justice: Legal justice refers to the administration of justice through established legal systems and institutions. 9. CLASSIFICATION OF LEGAL JUSTICE: • Private Justice: