CSS Solved Criminology Past Paper CSS 2025 | Types of Legal Justice
Question Breakdown
In this question, the examiner inquires about four types of legal justice. The question comprises four main parts, including an explanation of retributive justice, procedural justice, distributive justice and restorative justice. The aspirants need to delineate legal justice first and then explain its various types. To make the answer outstanding, one can add scholarly definitions, examples from Pakistan and various other countries as well as different criminological theories that are linked with it. Despite this, one ought to critically analyze the significance of justice within society and the challenges that hinder its implementation. Moreover, the quality of the answer can be accentuated by adding diagrams, relevant quotations and flow charts.
Outline
(i) Retributive Justice
Outline
1-Introduction
2-Retributive Justice
- ✓Historical Perspective
- ✓Examples of Retributive Justice
- ✓Retributive Justice in Pakistan
3-Conclusion
Answer to the Question
Introduction
Legal justice refers to the equitable treatment of individuals following the law. It is a structure designed to grant equal rights to all individuals and ensure proper administration of law with impartiality and honesty. Retributive justice can be defined as the theory of punishment that guarantees proportional punishment for offenders. It asserts that criminals ought to be punished according to their moral wrong. According to Andrew von Hirsch,
“Retribution is the primary purpose of criminal law: to give offenders what they deserve for the harm they have caused.”
Retributive Justice
According to Britannica, retributive justice can be defined as,
“A response to criminal behaviour that focuses on the punishment of lawbreakers and the compensation of victims. In general, the severity of the punishment is proportionate to the seriousness of the crime.”
Historical Perspective
Retributive justice was first introduced through Code of Hammurabi and it based on law of retaliation “an eye for an eye”, in other words, concept of lex talionis. Moreover, classical criminologists like Cesare Beccaria promoted the proportionality of the punishment to the crime, not the criminal. Immanuel Kant also recommended principles of retributive justice, delineating the importance of punishment for ensuring justice. In his work titled “The Metaphysics of Morals”, Kant put forth,
“Punishment is justified as a deserved response to wrongdoing, not as a means to achieve social benefits such as deterrence or rehabilitation.”
Examples of Retributive Justice
Various states incorporate retributive principles; for example, the death penalty in the United States for heinous crimes such as murder and some military offences. Nonetheless, the application of capital punishment differs across the world. In 2023, Amnesty International reported that fifty-five countries retain the death penalty.
Retributive Justice in Pakistan
According to Reuters, in 2024, 25 civilians were sentenced to imprisonment for two to ten years by the military courts due to attacks on military installations. Retributive measures in Pakistan have raised concerns of human rights issues within the country because of extrajudicial killings along with forced disappearances, particularly in provinces like Balochistan.
Conclusion
In a nutshell, retributive justice refers to punishing wrongdoers because of their illicit activities. While the utilitarian philosophy of Jeremy Bentham guarantees the punishment of individuals who are innocent if it is beneficial for society, retribution talks about proportional punishment. Through retributive justice, only those individuals are punished who have broken criminal laws and insane, mentally ill, children, innocent and disabled people are not held punishable. Nonetheless, retribution is criticized because, in the contemporary era, it is believed that some people require treatment rather than punishment so that their destructive mindsets can be transformed. However, Michael S. Moore is of the notion,
“Justice consists in treating people as they deserve; those who violate the rights of others should be punished proportionally to their offense.”
(ii) Procedural Justice
Outline
1-Introduction
2-Procedural Justice
- ✓Historical Perspective
- ✓Examples of Procedural Justice
- ✓Procedural Justice in Pakistan
3-Conclusion
Introduction
Legal justice is the cornerstone of legal system and a fundamental principle that guarantees equality and impartiality. Procedural justice can be defined as fairness in judicial procedures guaranteed by authorities while making decisions and exercising authority. In this type of legal justice, impartiality and transparency along with freedom of expression of individuals is emphasized amid legal proceedings. For strengthening legitimacy of judicial institutions and systems as well as fostering public confidence, procedural justice is paramount. In spite of being based on honesty and integrity, it also ensures fairness in legal obligations. Roman philosopher Cicero was of the notion,
“The foundation of justice is good faith— that is, truth and fidelity to promises and agreements.”
Procedural Justice
In the criminal justice system, procedural justice deals with the fair legal processes and citizen-police interactions. It is crucial for fostering trust and enhancing legitimacy of law enforcement authorities within communities. Through procedural justice, people are allowed to raise their voices against the issues and participate in decision making. Moreover, all individuals are given due respect and impartial as well as transparent decisions are made in order to ensure well-being of people.
Figure 1: Components of Procedural Justice
Historical Perspective
According to Tom R. Tyler, individuals abide by the law when they perceive that legal procedures are unbiased and fair. Tyler puts forth,
“People obey the law not just because of fear of punishment, but because they perceive legal procedures as fair and just.”
Moreover, they cooperate with law enforcement agencies to prevent and mitigate criminal activities. Problems of judicial administration were the primary cause of the French Revolution in 1789. To restore unity within the country, Napoleonic Code of Civil Procedure of 1806 was introduced by Napoleon Bonaparte.
Examples of Procedural Justice
Laws in Japan were adopted amid American occupation after the Second World War and include procedures that are significantly based on German, Austrian and Anglo-American models. In the contemporary era, states prioritize cooperation between law enforcement agencies and citizens to foster trust. For example, the participation of citizens is increased in decision-making processes and the prevention of crime through community-oriented methods of policing. Besides, when transparency and fairness are envisioned in legal proceedings, there is more collaboration between people and police departments.
Procedural Justice in Pakistan
Extrajudicial killings are prevalent in Pakistan, that are an indication of unfair legal procedures within the country. According to AP News, in 2024, a blasphemy suspect was brutally shot by the police in Karachi, which is a deviation from the principles of procedural justice.
Conclusion
To cap it all, the fundamental principles of procedural justice include voice, neutrality, trust and respect. People should be allowed to tell their side of the story, and unbiased decisions should be made. In addition, the decision makers should be impartial to ensure transparency and fairness in judicial proceedings. Through procedural justice, guaranteeing the rights of individuals is also paramount. Joseph W. Sanders delineated,
“Procedural justice is not just about following rules; it is about fostering trust between institutions and the people they serve.”
(iii) Distributive Justice
Outline
1-Introduction
2-Distributive Justice
- ✓Historical Perspective
- ✓Examples of Distributive Justice
- ✓Distributive Justice in Pakistan
3-Conclusion
Introduction
Legal justice refers to a procedure in which all individuals are dealt with fairly without any biasness. Its primary objectives include providing the due rights to people, punishing the guilty, preventing criminal activities and upholding social order. Distributive justice is a type of legal justice that ensures equal opportunities and resources for every individual. In 1971, John Rawls put forth that legal justice can be ensured when people holding powerful positions, as well as those from the underprivileged strata of society, agree to the laws, thus leading to equality and impartiality. Rawls said,
“Distributive justice requires that economic inequalities be arranged so that they are to the greatest benefit of the least advantaged members of society.”
Distributive Justice
Strain Theory and Social Disorganization Theory in criminology delineate that poverty and economic disparities are the primary reasons for the criminal behavior of individuals. Therefore, distributive justice is crucial to guarantee the equitable allocation of resources and opportunities for people. According to Britannica, distributive justice can be defined as,
“The fair and equitable distribution of social, political and economic benefits and burdens.”
Historical Perspective
Aristotle is considered the pioneer of distributive justice who, in his book Nicomachean Ethics, explains,
“Justice consists in treating equals equally and unequals unequally, but in proportion to their relevant differences.”
Aristotle considered justice a characteristic of an ideal city-state and an individual virtue. In his political philosophy, Aristotle has accentuated the importance of the rule of law and distributive justice. In their book titled Punishment and Social Structure, Georg Rusche and Otto Kirchheimer delineated that socio-economic disparities influence penal practices.
Examples of Distributive Justice
Economic inequalities lead to criminal behavior in individuals, accentuating the importance of distributive justice in societies. For instance, in Latin America, some nations envision substantial income inequality, due to which homicide rates have increased within the region. Furthermore, African Americans and other minority groups in the United States face structural inequalities that have led to increased poverty and criminal activities in such factions.
Distributive Justice in Pakistan
In Pakistan, economic disparities lead to criminal activities such as organized crimes, white collar crimes, crimes against property, felonies and misdemeanors, etc. For example, women in Pakistan suffer from discrimination and structural inequalities (rank 145 out of 146 countries in Gender Parity Index) due to which they are more vulnerable to exploitation. As a result, militant groups such as Islamic State-Khorasan Province recruit women through social media and carry out terrorist attacks. Moreover, in regions like Balochistan, people feel relatively deprived and marginalized, which results in crimes and conflict as explained by the Relative Deprivation Theory by Robert Tedd Gurr.
Conclusion
To sum it up, distributive justice refers to the equal distribution of resources and opportunities for all individuals in the society. Aristotle introduced the concept of distributive justice in his theory delineating the characteristics of an ideal state. According to him, pursuing standard good and equitable distribution of benefits and burdens among equally deserving or meritorious individuals is essential for ensuring justice within the society. Amartya Sen said,
“A society that fails to ensure a fair distribution of resources breeds resentment, instability, and ultimately, injustice.”
(iv) Restorative Justice
Outline
1-Introduction
2-Restorative Justice
- ✓Historical Perspective
- ✓Examples of Restorative Justice
- ✓Restorative Justice in Pakistan
3-Conclusion
Introduction
Legal justice helps not only to secure human rights but also to maintain social order through the effective implementation of laws. Furthermore, justice promotes stability; in countries with strong legal frameworks, such as Germany and Canada, people abide by the laws, and crime rates are substantially low. Laws like the Universal Declaration of Human Rights guarantee human rights and individual freedom. Moreover, legal justice helps ensure fairness in socio-economic structures and prevents exploitation. In response to the harm caused by criminal activities, restorative justice emphasizes the significance of repairing the damages and improving relationships. While explaining restorative justice, John Braithwaite said,
“The goal of restorative justice is to repair harm by involving all affected parties—victims, offenders, and the community—in finding solutions that promote accountability and healing.”
Restorative Justice
Through restorative justice, the structures and institutions that are harmed due to criminal activities are repaired and restored. It is a type of legal justice that emphasizes reconciliation and accountability, along with measures to heal victims and offenders. To ensure restorative justice, engaging all involved parties, facilitating discussions on crime and its impact, encouraging criminals to own their activities and make restitution, and reintegrating the victims and offenders within society are crucial.
Historical Perspective
Howard J. Zehr, an American criminologist, is considered the pioneer of restorative justice. He is of the notion that crime is not only a violation of criminal law but a social harm that affects individuals and their relationships, thus demanding a restorative response. Howard Zehr said,
“Restorative justice views crime not just as a violation of law, but as a violation of people and relationships, requiring healing rather than mere punishment.”
Examples of Restorative Justice
In New Zealand, survivors are allowed to confront the criminals in a controlled environment, like the story of Shirley Jülich, which was reported in The Guardian on 6th February 2025. On the other hand, in France, initiatives of restorative justice are implemented that emphasize reintegration of criminals who were convicted of gender based violence. Through these initiatives, dialogue between victims and offenders is facilitated to understand the impact of criminal activities and minimise recidivism.
Restorative Justice in Pakistan
In Pakistan, restorative justice has been incorporated through traditional community-based mechanisms, for example, jirga in Khyber Pakhtunkhwa and panchayat in Punjab, as they facilitate conflict resolution through mediation and consensus. Nonetheless, due to the deep-rooted patriarchal norms and structures, women are often discriminated against, and these mechanisms are criticized.
Conclusion
To cap it all, in 1961, “The Concept of Law” put forth that justice refers to the impartial application of law that is following the established rules and procedures. Restorative justice is one of the key components of legal justice. Restorative justice plays a substantial role in the reintegration of criminals and victims within society. To have a stable society, ensuring justice is paramount; therefore, it should not be delayed due to challenges like political interference or insufficient resources. According to Mark Umbreit,
“True justice cannot be achieved by retribution alone; it must include the opportunity for offenders to make amends and for victims to find closure.”
CSS Solved Past Papers’ Essays
Looking for the last ten years of CSS and PMS Solved Essays and want to know how Sir Kazim’s students write and score the highest marks in the essays’ papers? Then, click on the CSS Solved Essays to start reading them.
CSS Solved Essays
CSS Solved General Science & Ability Past Papers
Want to read the last ten years’ General Science & Ability Solved Past Papers to learn how to attempt them and to score high? Let’s click on the link below to read them all freely. All past papers have been solved by Miss Iqra Ali & Sir Ammar Hashmi, Pakistan’s top CSS GSA coach having the highest score of their students.
