1 (a) Write down the conceptual framework of the term “Jurisprudence”. Discuss the
importance and necessity of Administration of Justice.
Answer:
The defining project of general or conceptual jurisprudence—i.e., the conceptual analysis of law
is to provide philosophically meaning of vario...
Common Questions of Jurisprudence
1 (a) Write down the conceptual framework of the term “Jurisprudence”. Discuss the
importance and necessity of Administration of Justice.
Answer:
The defining project of general or conceptual jurisprudence—i.e., the conceptual analysis of law
is to provide philosophically meaning of various concepts that figure prominently in discourse
about law. That is, conceptual jurisprudence is concerned with giving an explication of the nature
of law and other important legal practices.
The practices characterized as “legal” or involving “law” are of great moral and prudential
significance; persons are incarcerated, fined, required to pay compensation for injuries caused by
legally culpable behavior, and even executed for violating the law. It is a matter of clear practical
importance that we ensure our practices satisfy rigorous norms of political morality, and we
cannot understand what norms apply without an adequate understanding of the concept of law.
Importance and necessity of Administration of Justice
War and administration of justice are two most essential functions of a state. If the state is not
incapable of performing these two functions. It cannot be called a state. Administration of justice
implies the maintenance of peace and order within a political community by means of physical
force of the state.
IN SIMPLE WORDS.
“Administration of justice is the protection of individual form the unjust unlawful deeds of
other”.
ACCORDING TO SALMOND
“Maintenance of right within the political community by means Of physical force of state”.
1
, ACCORDING TO LOARD BRYCE
“There is no better test of excellence of a Government than the Efficiency of its judicial system”.
Administration of justice is important for the following reasons.
1. Necessary for uniformity.
2. Necessary for protection of rights.
3. Necessary for peace and stability.
4. Necessary for integration of society.
5. Necessary to check injustice.
6. Necessary to educate people.
7. To promote welfare.
8. To promote equity.
1. (b) Make a comparative study between Civil and Criminal Justice.
Civil Justice and Criminal follow from Public Justice and Private Justice. Looking from a
practical standpoint, important distinctions lie in the legal consequences of the two. Civil Justice
and Criminal Justice are administered by a different set of courts.
A Civil Proceeding usually results in a judgment for damages or injunction or restitution or
specific decree or other such civil reliefs. However, a Criminal Proceeding usually results in
punishment. There are myriad numbers of punishments ranging from hanging to fine to
probation. Therefore, Salmond said that „the basic objective of a criminal proceeding is
punishment and the usual goal of a civil proceeding is not punitive‟.
2
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