Administration of Justice: Civil vs Criminal (Salmond)
Exam Snapshot
Salmond classifies the administration of justice into Civil Justice (focused on the enforcement of rights and compensation) and Criminal Justice (focused on the punishment of wrongs). The core differentiator is the state's role—as a neutral arbiter in civil disputes and as the initiator/prosecutor in criminal matters.
Core Concept
- Civil Justice: The state enforces the private rights of individuals. It aims at restitution, compensation, or specific performance to restore the status quo.
- Criminal Justice: The state enforces penal laws. It aims at punishment to deter future crime and maintain public order.
- State as Arbiter: In civil justice, the state provides a forum for disputes between private parties (Plaintiff vs. Defendant).
- State as Prosecutor: In criminal justice, the state itself brings the action against the accused because the wrong affects the public interest (State/Government vs. Accused).
Nepal Law Anchors
- Muluki Civil Code 2074 (Deewani Sanhita): Governs civil rights, contracts, property, and torts where civil justice is administered.
- Muluki Criminal Code 2074 (Faujdari Sanhita): Defines offences and specifies punishments where criminal justice is administered.
Confusable Terms
| Feature | Civil Justice | Criminal Justice |
|---|---|---|
| Primary Goal | Restitution/Compensation | Punishment/Deterrence |
| Party Initiating | Plaintiff (Private Party) | State (Prosecutor/Government) |
| Consequence | Damages/Injunction/Decree | Fine/Imprisonment/Death Penalty |
MCQ Traps
- Assuming the state is not involved in Civil Justice: The state administers the court in both, but only initiates the case as a party in Criminal Justice.
- Confusing "remedy" with "punishment": Remedies (damages, injunctions) belong to civil justice; punishments (incarceration, fines) belong to criminal justice.
Example
- A sues B for the recovery of money owed under a contract (Civil Justice).
- The State prosecutes C for committing murder or theft (Criminal Justice).
Memory Hook
Civil Justice is about "Civil Rights and Compensation" (Restorative); Criminal Justice is about "Crimes and Punishment" (Retributive).
Quick Revision
- Civil Justice = Private wrongs, restoration of rights.
- Criminal Justice = Public wrongs, punishment of offenders.
- Civil = Plaintiff/Defendant (Private conflict).
- Criminal = State/Accused (Public conflict).
- Salmond highlights the state's changing role from arbiter to prosecutor.