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The Idea of Public Law 1
3 THE IDEA OF PUBLIC LAW 1 CHAPTER OVERVIEW Introduction The predominance of states Sovereignty and the origin of law’s authority The nature of law Empowerment and constraint The social contract Constitutionalism Constitutional change The scope of public law Public law and private law The rule of law The values underpinning public law Freedom Equality Community Conclusion Oxford University Press Sample Chapter 01_APP_APL3E_10899_TXT_SI.indd 3 3/8/18 9:22 am 4 PART I: Introducing Australian Public Law OXFORD UNIVERSITY PRESS Introduction We are alone in the world, making our own way; and we are part of a community, with a collective understanding of the conditions for a good and meaningful life. Our lives are a complex combination of the individual and the collective. In the 4th century BCE, the Greek philosopher Aristotle (384– 22 BCE) described the organisation of humans by reference to a progression from the individual to the collective.1 e collective nature of our existence operates at a number of levels— at the level of the family or household, the neighbourhood, and the social or political organisation; at the level of the nation- state; and, increasingly, at the global level, both regionally and across all nation- states. At each of these levels there are rules for how we interact with each other and with those who hold power. e larger and more complex the organisational unit, the more elaborate and complicated the rules for functioning within it. For Aristotle, the level of the state was the highest form -
Private Law and Public Law
Private Law and Public Law F.J.M. Feldbrugge Emeritus Professor of East European Law University of Leiden, Faculty of Law We talk about private law and public law as if everybody knew what was meant when these words are being used about law. This probably holds true for lawyers and even law students, but not for the general population. Most people will have some sort of idea about labor law, or bankruptcy law, but the distinction between private law and public law, considered as most fundamental by most lawyers, means next to nothing to the man or woman in the street. Is the problem perhaps avoidable, do we actually need the public/ private law distinction? If we do not, the matter could be left to those inclined to such intellectual pastimes. Unfortunately, the distinction between public and private law entails practical consequences, at least in continental legal systems, so it can- not be referred to the convenient and already very large file of problems that do not need a solution. To start at the simplest and most practical level: our law happens to be divided into two boxes; some of it has been put into the box marked “public law”, and the rest into the box marked “private law”, and the contents of these two boxes are treated somewhat differently. For the law student and the humble practitioner this may be enough to know. But the more discerning lawyer would of course like to know why some law goes into one box and some into the other. Two thousand years of jurisprudence—because the distinction goes back at least as far as the Romans—have produced a vast body of literature containing answers to this question. -
Public Law As the Law of the Res Publica
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2008 Public Law as the Law of the Res Publica Elisabeth Zoller Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Comparative and Foreign Law Commons, European Law Commons, and the Public Law and Legal Theory Commons Recommended Citation Zoller, Elisabeth, "Public Law as the Law of the Res Publica" (2008). Articles by Maurer Faculty. 146. https://www.repository.law.indiana.edu/facpub/146 This Conference Proceeding is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. PUBLIC LAW AS THE LAW OF THE RES PUBLICA Elisabeth Zoller* A LECTURE GIVEN AS PART OF SUFFOLK TRANSNATIONAL LAW REVIEW'S 2008 DISTINGUISHED SPEAKER COLLOQUIUM SERIES In 1989, on the occasion of the Bicentennial of the French Revolution, I gave a talk at Suffolk University Law School on The Distinction Between Man and the Citizen in the Declaration of the Rights of Man and the Citizen of 1789.1 In retrospect, I am afraid that this may not have been one of my best talks. The truth of the matter is that I failed to give the rationale for this crucial distinction and its meaning in the Declaration of 1789. I said that the distinction was almost invisible in this country and much less important than in the French legal system, but I did not explain why. -
THE LAWYER's ROLE in PUBLIC ADMINISTRATION FRITZ MORSTEIN Marxt
THE LAWYER'S ROLE IN PUBLIC ADMINISTRATION FRITZ MORSTEIN MARXt I THE role played by the lawyer in public administration is not ade- quately described in a simple statement. His special skill is utilized in a great variety of ways. Moreover, lawyers occupy quite different posi- tions on various levels of the administrative hierarchy. And their actual influence goes in many instances beyond the range of their specific duties. Neither statutory prohibitions nor stipulations of political etiquette bar the lawyer from the highest posts of administrative leadership. It may even be said that legislative assemblies-with their heavy representation of legal talent-tend to show a certain fondness for government executives experienced in the practice of law.' More than a few lawyers have acquitted themselves creditably at the helm of gov- ernment agencies. This, however, does not suggest the possibility of a correlation between success or acclaim in the legal profession and those qualifications which should be expected of government executives. 2 On the contrary, prevailing opinion is accurately summarized in the ob- servation that "the lawyer is a good administrator by coincidence only; he is not specially trained for administration, and, indeed, the narrow and specialized legal education he has received may be considered to be particularly unsuited for the types of problems to be faced." I What is more relevant for our purposes, as administrator of an operating agency the lawyer is called upon to demonstrate his talent for executive direction and management rather than his legal knowledge and experi- ence. Much the same is true of those lawyers whose elevated positions t Associate Professor of Political Science, Queens College (on leave); Staff Assistant, Office of the Director, Bureau of the Budget, Executive Office of the President. -
Introduction to Law and Legal Reasoning Law Is
CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150. -
Legal Persons of Public Law” in Foreign Legal Instruments
Middle-East Journal of Scientific Research 20 (11): 1541-1545, 2014 ISSN 1990-9233 © IDOSI Publications, 2014 DOI: 10.5829/idosi.mejsr.2014.20.11.21082 The Use of the Category of “Legal Persons of Public Law” in Foreign Legal Instruments Oleg Jastrebov Head of the Department of Administrative and Financial Law, Peoples’ Friendship University of Russia, Miklukho-Maklaja ul., 6, Moscow, 117198, Russia Abstract: Recent years have witnessed a new upsurge in the development of the European legislation on new organizational and legal forms of legal persons in Europe. The article deals with issues of the legal mode of their operation. Attention is given to the specifics of legal status of legal persons of public law in legislation of individual countries, France in the first place as a citadel of effective and carefully thought out administration. Subjected to analysis is the history of emergence of the theory a legal person in France. Specified is the system of outlooks on a legal person in the comparative legal aspect. Discussed are nuances of using the term “legal person of public law” in a number of current constitutions. Studied are the issues of spreading the legal construction of legal person of public law over the post-Soviet space. Argumentation is given for need to use the construction of public legal person. Based on analysis of legal experience of foreign countries a conclusion is made that in terms of legislative regulation the formation procedure, the legal status and the legal operating mode of legal persons of public law must be determined by public law legislation whilst some general provisions pertaining to realization of their legal capacity must be governed by civil law conventions. -
Replace Or Modernize?
Payne ES 1896 Draper ES 1953 Miner ES 1900 Shadd ES 1955 Ketcham ES Replace1909 Moten or ES Modernize1955 ? Bell SHS 1910 Hart MS 1956 Garfield ETheS Future191 0of theSharpe District Health of SE Columbia' 1958 s Thomson ES 191Endangered0 Drew ES Old and 195Historic9 Smothers ES 1923 Plummer ES 1959 Hardy MS (Rosario)1928 Hendley ESPublic 195School9 s Bowen ES 1931 Aiton ES 1960 Kenilworth ES 1933 J.0. Wilson ES May196 12001 Anacostia SHS 1935 Watkins ES 1962 Bunker Hill ES 1940 Houston ES 1962 Beers ES 1942 Backus MS 1963 Kimball ES 1942 C.W. Harris ES 1964 Kramer MS 1943 Green ES 1965 Davis ES 1943 Gibbs ES 1966 Stanton ES 1944 McGogney ES 1966 Patterson ES 1945 Lincoln MS 1967 Thomas ES 1946 Brown MS 1967 Turner ES 1946 Savoy ES 1968 Tyler ES 1949 Leckie ES 1970 Kelly Miller MS 1949 Shaed ES 1971 Birney ES 1950 H.D. Woodson SHS 1973 Walker-Jones ES 1950 Brookland ES 1974 Nalle ES 1950 Ferebee-Hope ES 1974 Sousa MS 1950 Wilkinson ES 1976 Simon ES 1950 Shaw JHS 1977 R. H. Terrell JHS 1952 Mamie D. Lee SE 1977 River Terrace ES 1952 Fletche-Johnson EC 1977 This report is dedicated to the memory of Richard L. Hurlbut, 1931 - 2001. Richard Hurlbut was a native Washingtonian who worked to preserve Washington, DC's historic public schools for over twenty-five years. He was the driving force behind the restoration of the Charles Sumner School, which was built after the Civil War in 1872 as the first school in Washington, DC for African- American children. -
Pounding the Pavement the Park 16TH ST
MD. B EA C H 29 D.C. Chevy D MD. R. Chase D.C. N.H. AVE. CONNECTICUT AVE. MILITARY RD. MILITARY RD. 13TH ST. Pounding the Pavement The Park 16TH ST. 1.7 miles ROCK (With Your Boots On) NEBRASKA AVE. CREEK . D R S.D. AVE. FINISH: Fort Reno T Rock Creek N P ARK A Park G R Suburbs Park Tennis E G 400 O RIGGS RD. 409 feet Center R feet in the City G I Iowa and 1 3 miles A A B N V Arkansas r O E o R . avenues a T START: d H Rock Broad Fort Carter The area around Third and Webster 13th and 171 feet Creek Branch C DAVENPORT ST. Br Barron A Washington’s Reno streets shows a diversity of homes. P FORT U streets I T Park Amphi- O L TOTTEN 95 feet 300 highest point is in theatre S . T Fort Reno Park. E . Finish V Fort Otis and A S Endless Totten A Park Place S N N.H. AVE. Park A Northwest 200 feet K FORT RENO PHOTO BY JAMES M. THRESHER — THE WASHINGTON POST; OTHER PHOTOS BY STEVEN GINSBERG — THE WASHINGTON POST R 2 miles IOWA AVE. A Rock . Sherman This old clunker probably hadn’t been on the open road in decades. 200 TENLEYTOWN- DR Creek H Circle AU C Cemetery A E B 5TH ST. Suburbs BUCHANAN ST. Endless Northwest | 2 miles Heart of Rock Creek Endless The in the 29 Petwort h WEBSTER ST the City Cemetery Northwest Park City 13TH ST. -
AOI, 2001 – Present……………………………………….31
THE HISTORICAL SOCIETY OF WASHINGTON, D.C. SPECIAL COLLECTIONS FINDING AID MS 422 The Association of the Oldest Inhabitants of The District of Columbia Records, 1865-Present (Rev. October 9, 2017) Table of Contents Organizational Sketch……………………………………………………………………..3 Scope and Content………………………………………………………………………...4 Series Descriptions……………………………………………………………………...…4 Container list: Series I: Histories………………………………………………………………………….8 Series II: Biographies………………………………………………………………….…..8 Series III: Obituaries………………………………………………………………………9 Series IV: Correspondence……………………………………………………...………...9 Series V: Membership Records………………………………………………………….11 Series VI: Articles of Incorporation, Constitution and Bylaws………………………….13 Series VII: Meeting Notices and Newsletters……………………………………………13 Series VIII: Meeting Minutes…………………………………………………………....14 Series IX: Financial Records…………………………………………………………….17 Series X: Chronicler’s Reports, 1912-1933……………………………………………...18 Series XI: Speeches………………………………………………………………………19 Series XII: Programs……………………………………………………………………..21 Series XIII: Newspaper Clippings…………………………………………………….…22 Series XIV: Photographs…………………………………………………………………22 Series XV: Scrapbooks and Guest Books………………………………………………..26 Series XVI: Veteran Volunteer Firemen’s Association………………………………….27 Oversize Materials……………………………………………………………………….29 Series XVII: Records of the AOI, 2001 – Present……………………………………….31 Series XVIII: Audio Visual Materials, 2001 – Present…..………………………………32 Title: MS 422 The Association of the Oldest Inhabitants of the District of Columbia -
Rock Creek Park Visitor Study Summer 1999
Rock Creek Park Visitor Study Summer 1999 Report 112 Visitor Services Project Cooperative Park Studies Unit Rock Creek Park Visitor Study Summer 1999 Margaret Littlejohn Visitor Services Project Report 112 April 2000 Margaret Littlejohn is VSP Coordinator, National Park Service, based at the Cooperative Park Studies Unit, University of Idaho. I thank Mike Meehan, Alyson Vander Stoep, Leigh Blackburn, Sara Kohan and the staff of Rock Creek Park for their assistance with this study. The VSP acknowledges the Public Opinion Lab of the Social and Economic Sciences Research Center, Washington State University, for its technical assistance. Visitor Services Project Rock Creek Park Report Summary • This report describes the results of a visitor study at Rock Creek Park during July 8-14, 1999. A total of 888 questionnaires were distributed to visitors. Visitors returned 564 questionnaires for a 63.5% response rate. • This report profiles Rock Creek Park visitors. A separate appendix contains visitors' comments about their visit. This report and the appendix include summaries of those comments. • Forty percent of the visitors were alone; 25% were with friends and 25% were with family. Forty- three percent of visitor groups were groups of one; 33% were in groups of two. Over one-half of visitors (56%) were aged 26-50; 13% were aged 15 years or younger. • Most visitors (93%) said English is their primary language. Most visitors (94%) said their ethnicity was "not Hispanic or Latino." When asked about their race, visitors responded as follows: White (74%), Black or African American (24%), Asian (3%), Hispanic or Latino (2%), American Indian/Alaska Native (1%) and Native Hawaiian/Pacific Islander (<1%). -
Fort Dupont Park Historic Resources Study Final Robinson & Associates
Fort Dupont Park Historic Resources Study Final Robinson & Associates, Inc. November 1, 2004 Page 1 ______________________________________________________________________________________ TABLE OF CONTENTS I. LIST OF ILLUSTRATIONS 2 II. PURPOSE AND METHODOLOGY 5 III. SUMMARY OF SIGNIFICANCE 6 IV. HISTORIC CONTEXT STATEMENT 20 1. Pre-Civil War History 20 2. 1861-65: The Civil War and Construction of Fort Dupont 25 3. Post-Civil War Changes to Washington and its Forts 38 4. The Planning and Construction of the Fort Drive 48 5. Creation of Fort Dupont Park 75 6. 1933-42: The Civilian Conservation Corps Camp at Fort Dupont Park 103 7. 1942-45: Antiaircraft Artillery Command Positioned in Fort Dupont Park 116 8. History of the Golf Course 121 9. 1938 through the 1970s: Continued Development of Fort Dupont Park 131 10. Recreational, Cultural, and African-American Family Use of Fort Dupont Park 145 11. Proposals for the Fort Circle Parks 152 12. Description of Fort Dupont Park Landscape Characteristics, Buildings and Structures 155 V. BIBLIOGRAPHY 178 VI. KEY PARK LEGISLATION 191 Fort Dupont Park Historic Resources Study Final Robinson & Associates, Inc. November 1, 2004 Page 2 ______________________________________________________________________________________ I. LIST OF ILLUSTRATIONS Figure 1 Fort Dupont Park is located in the southeast quadrant of Washington, D.C. 7 Figure 2 Fort Dupont Park urban context, 1995 8 Figure 3 Map of current Fort Dupont Park resources 19 Figure 4 Detail of the 1856-59 Boschke Topographical Map 24 Figure 5 Detail -
Blue Ridge Parkway DIRECTORY TRAVEL PLANNER
63RD Edition Blue Ridge Park way www.blueridgeparkway.org DIRECTORY TRAVEL PLANNER Great Smoky Mountain Railroad Bryson City, NC Exit at Milepost 469.1 The Natural Bridge of Virginia Natural Bridge, VA Exit at Milepost 63.9 Includes THE PARKWAY MILEPOST Grandfather Mountain Linville, NC Exit at Milepost 305.1 Official Publication of the Blue Ridge Parkway Association 2012 COVER.indd 3 12/13/11 9:40:31 AM The North The 63rd Edition Carolina Arboretum, OFFICIAL PUBLICATION BLUE RIDGE PARKWAY ASSOCIATION, INC. Asheville, NC. P. O. BOX 2136, ASHEVILLE, NC 28802 Exit at (828) 670-1924 Milepost 393 COPYRIGHT 2012 NO Portion OF THIS GUIDE OR ITS MAPS may BE REPRINTED WITHOUT PERMISSION. ALL RIGHTS RESERVED. PRINTED IN THE USA. Some Parkway photographs by William A. Bake, Mike Booher, Vickie Dameron and Jeff Greenberg © Blue Ridge Parkway Association Layout/Design: Imagewerks Productions: Arden, NC This free Directory & Travel Plan- ner is published by the 500+ PROMOTING member Blue Ridge Parkway Association to help you more TOURISM FOR fully enjoy your Parkway area vacation. Our member- MORE THAN ship includes attractions, outdoor recreation, accom- modations, restaurants, shops, 60 YEARS and a variety of other services essential to the traveler. All our members are included in this For Blue Ridge Parkway information, including road Directory & Travel Planner. Distribution of the Directory & Travel Planner does not imply endorsement by the National conditions or closings, please visit www.nps.gov/blri Park Service of the businesses or commercial services listed. When you visit their place of business, please let them know www.blueridgeparkway.org you found them in the Blue Ridge Parkway Directory & Travel Planner.