The two most essential functions of a state are:
(i) War
(ii) Administration of Justice
Administration of Justice (AOJ) implies the maintenance of peace and order within a political community by means of physical force of the State. There are, however, other factors which help administration of justice and command obedience of law. They include social sanction, public opinion, custom, convenience etc.
Concept of Justice
The concept of justice is as old as origin and growth of human society itself. The social nature of man demands that he must live peacefully in society. While living so, he experiences a conflict of interests and experts lightful conduct on the part of others. This is the reason Salmond and Roscoe Pound have emphasized the importance of justice became more important with the growth of State, which ensures justice to the people through the instrumentality of law. As the law grew, justice also expanded into different spheres of human activities for ex: civil justice, criminal, economic, social justice, distributive justice, corrective justice, social justice and so on.
The essence of legal justice lies in ensuring uniformity and certainty of aw and at the same time ensuring that rights and duties and duly respected by the people.
Another essential attribute of the notion of justice is element of impartiality. One has to just and fair not only to himself but towards all members of society.
Origin of Justice
It has four stages :
1. Early stage – When society was primitive private vengeance and self –help were only remedies available to the wronged person against the wrongdoer, his wrongs redressed with the help of friends and relatives.
2. IInd stage of development of society was characterized by State coming into existence. But it did not have power to punish the wrongdoer.
3. Wrongs could be redressed by payment of compensation by the wrongdoer to the victim who affected by wrongful act. Thus