Question
The following are two definitions of the concept of public policy. (1) A principle that no person or government official can legally perform an act
The following are two definitions of the concept of "public policy."
(1) A principle that no person or government official can legally perform an act that tends to injure the public.
Public policy manifests the common sense and common conscience of the citizens as a whole that extends throughout the state and is applied to matters of public health, safety, and welfare. It is general, well-settled public opinion relating to the duties of citizens to their fellow citizens. It imports something that fluctuates with the changing economic needs, social customs, and moral aspirations of the people. Public policy enters into, and influences, the enactment, execution, and interpretation of legislation.
- West's Encyclopedia of American Law, (2d ed. 2008).
(2) In any society, governmental entities enact laws, make policies, and allocate resources. This is true at all levels. Public policy can be generally defined as a system of laws, regulatory measures, courses of action, and funding priorities concerning a given topic promulgated by a governmental entity or its representatives.
Individuals and groups often attempt to shape public policy through education, advocacy, or mobilization of interest groups. Shaping public policy is obviously different in Western-style democracies than in other forms of government. But it is reasonable to assume that the process always involves efforts by competing interest groups to influence policy makers in their favor.
- Definitions of Public Policy and Law, Contributed by Dean G. Kilpatrick, Ph.D., National Violence Against Women Prevention Research Center, Medical University of South Carolina.
Based on these definitions, discuss the following:
- Describe how public policy applies to the law and the study of law.
- Give an example of a recent statute or case that reflects a change in public policy and explain how public policy led to the change.
- Explain what Dr. Kirkpatrick means when he says: "Shaping public policy is obviously different in Western-style democracies than in other forms of government. But it is reasonable to assume that the process always involves efforts by competing interest groups to influence policy makers in their favor."
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