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The Green Bag

ciation of international interests, is also

legally protected. This is accomplished by standards which, so far as they are

peculiar to the international association, are called International Law. Again, the legal rules by which social interests are protected are in part no diﬂerent from those which give legal protection

to individual

interests

in

private law2 considered as a means of protection of the community. On the other hand, also, the state takes as its

province, not only the protection of its sovereign interests, as a governing com munity;— which is accomplished by public law in the narrow sense (Staats rechl) —-but also assumes

to protect

and in part to further social interests. By reason of the historical reception of social interests by the state, which

assimilation resulted under the greatest variety of operating circumstances, it has followed that social law (Gesell schaﬂsreeht), (so far as it is not at the

legal rules through which an inter national community of interests is ele vated to the position of a legal community in international law, are collectively in oontradistinction to the

standards through which private indi viduals are protected in their private or civil interests. The distinction lies in this—that, in the ﬁrst three cases, interests are involved which, in verbal opposition to private interests, must be

called public interests. Therefore, the law which in such cases affords the con templated protection of interests, is called public law, or jus publicum. III. The principal division of the corpus juris into private or civil law (jus privatum or jus civile), and public law (jus pubh'eum), thus arises. Inasmuch as social law, for the two

reasons considered, has no deﬁnite posi tion in the classiﬁcation, public law is

separated into -—

same time private law,) has evolved alongside, in the name, and in the domain, of state law. To a great extent, the means, by which

1. Public law in the narrow sense tatum (state law, or alicujus Staatsrecht, civitatis), jus publieum including civi

genuine interests of the state which are

social interests. Social interests, while not completely embraced by this divi sion, yet can not be separated from it;

not social interests — or at any rate are

not such principally-are furthered and protected by non-private force, are of the same kind and operation as in the protection of social interests. For example, the coércive measures of the statutory domestic police, whether of

preventive police security or positive welfare administration. The legal rules which have for their object protection of interests of the state and make public law in the narrow sense;

also the standards for the protection of

2. International law (jus inter civi tates, jus inter gentes, belli et pads). Public law in the narrow sense, accord

ing to the leading interests and the chief functions which the state represents and furthers in its activities, is divided into 1. Constitutional law, which includes

those which are intended to protect and

the standards through which the sta bility of state sovereignty in its (0)

guarantee the interests of society and

organization and (b) elements is legally

which form social law; and, ﬁnally, those

protected; and

2This method of protection of social interests

corresponds most. nearly with the Manchester state or the legal state (Rechtsslaat) in the narrowest, sense. Cf. sec. 41.

2.

Administrative law, which em

braces the totality of legal standards which govern the activity of the state