Administration of Justice
SNDT WOMENS UNIVERSITY
LAW SCHOOL
Project Topic :
Administration of Justice
Subject :
Jurisprudence
INDEX
Introduction
The administration of justice has been already defined as the maintenance of right within a political community by means of the physical force of the state. It is the application by the state of the sanction of force to the rule of right. We have now to notice that it is divisible into two parts, which are distinguished as the administration of civil and that of criminal justice. In applying the sanction of physical force to the rules of right, the tribunals of the state may act in one or other of two different ways. They may either enforce rights or punish wrongs. In other words, they may either compel a man to perform the duty which he owes . But if he have not sufficient power to besiege him, let him ride to the justice, and beg aid of him.
In a civil proceeding the plaintiff claims a right, and the court secures it for him by putting pressure upon the defendant to that end; as when one claims a debt that is due to him, or the restoration of property wrongfully detained from him, or damages payable to him by way of compensation for wrongful harm, or the prevention of a threatened injury by way of injunction. In a criminal proceeding, on the other hand, the prosecutor claims no right, but accuses the defendant of a wrong. He is not a claimant, but an accuser. The court makes no attempt to constrain the defendant to perform any duty, or to respect any right. It visits him instead with a penalty for the duty already disregarded and for the right already violated; as where he is hanged for murder or imprisoned for theft. Both in civil and in criminal proceedings there is a wrong (actual or threatened) complained of. For the law will not enforce a right except as against a person who has already violated it, or who has at the least already shown an
LAW SCHOOL
Project Topic :
Administration of Justice
Subject :
Jurisprudence
INDEX
Introduction
The administration of justice has been already defined as the maintenance of right within a political community by means of the physical force of the state. It is the application by the state of the sanction of force to the rule of right. We have now to notice that it is divisible into two parts, which are distinguished as the administration of civil and that of criminal justice. In applying the sanction of physical force to the rules of right, the tribunals of the state may act in one or other of two different ways. They may either enforce rights or punish wrongs. In other words, they may either compel a man to perform the duty which he owes . But if he have not sufficient power to besiege him, let him ride to the justice, and beg aid of him.
In a civil proceeding the plaintiff claims a right, and the court secures it for him by putting pressure upon the defendant to that end; as when one claims a debt that is due to him, or the restoration of property wrongfully detained from him, or damages payable to him by way of compensation for wrongful harm, or the prevention of a threatened injury by way of injunction. In a criminal proceeding, on the other hand, the prosecutor claims no right, but accuses the defendant of a wrong. He is not a claimant, but an accuser. The court makes no attempt to constrain the defendant to perform any duty, or to respect any right. It visits him instead with a penalty for the duty already disregarded and for the right already violated; as where he is hanged for murder or imprisoned for theft. Both in civil and in criminal proceedings there is a wrong (actual or threatened) complained of. For the law will not enforce a right except as against a person who has already violated it, or who has at the least already shown an
References: The elements of jurisprudence by jhabvala Jurisprudence by mokal Web Address http://indialegal.blogspot.in http://www.manupatrafast.com/ http://www.lawnotes.in/ http://arkansaslawnotes.com/