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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
