Better Gutenberg
Free, beautifully formatted public-domain ebooks

Jurisprudence

by John W. Salmond

37 of 241 · Contents · Download EPUB

Summary

The administration of justice by the state a permanent necessity.
The origin of the administration of justice.
JusticeCriminal—The punishment of wrongs.
Civil—The enforcement of rights.
Crimes not necessarily public wrongs.
Purposes of punishment:—
1. Deterrent.
2. Preventive.
3. Reformative.
4. Retributive.
Civil JusticeEnforcement of primary rights—Specific enforcement.
Enforcement of sanctioning rights—Sanctional enforcement.
Sanctional enforcementCompensationRestitution.
Penal redress.
Penalty
JusticeRemedial—independent of the idea of punishment—always civil.
Penal—involving the idea of punishment—civil or criminal.
Subsidiary functions of courts of justice:—
1. Petitions of right.
2. Declarations of right.
3. Administration of property.
4. Creation, transfer, and extinction of rights.

← Back to Jurisprudence

Scroll to Top