5.3 Kinds of Justice

The syllabus's four kinds: two by arena (criminal, civil) and two by logic (distributive, corrective). Learn which pair is which — a favourite examiner's trap. 5.3.1 Criminal Justice What it is: the state's response to public wrongs — offences against society (its order, security and values), prosecuted by the state even where the victim forgives (with statutory reconcilable-offence exceptions). Parties: the state vs the accused (prosecution service; the victim as complainant/witness). The question it answers: what shall be done with the wrongdoer — and the theories of punishment (the jurisprudential payload — learn all five): 1. Retributive: punishment as deserved — justice restoring the moral balance (Kant's categorical demand to punish guilt); just deserts. 2. Deterrent: punishment as threat — to the offender (special) and others (general): Beccaria (On Crimes and Punishments, 1764: certainty and promptitude outweigh severity — the Enlightenment's criminal-law manifesto) and Bentham (pain of punishment to exceed the pleasure of crime, no more). 3. Preventive/incapacitative: disable the dangerous — imprisonment, disqualification. 4. Reformative: the offender as corrigible — correction, education, reintegration; the juvenile-justice philosophy (Nepal's Children's Act tradition: reform over retribution for minors). 5. Restorative: repair — victim, offender, community (Nepal's mediation culture; compensation to victims; the Codes' reconciliation provisions). Procedure (Nepal, in one line each): FIR/complaint → police investigation (with the prosecution service's charge decision) →…