A study on the process of administering the law in the twenty-first century by comparing the concepts of Joachim Friedrich, Herman Finer and Max Weber.
Abstract This paper compares the concepts of Joachim Friedrich, Herman Finer and Max Weber on the process of administering the law. The author states a country that is well administrated by quality administrators will have a deep morality instilled in these workers to understand, evaluate and properly execute the laws. It argues that the secret to 21st century administrative responsibility is a true sense of morality that is instituted alongside the very laws of the land.
From the Paper "However, policies are meaningless without proper administration of those policies. That is why, in the eyes of Joachim Friedrich, Herman Finer and Max Weber, the process of administering the law is actually more crucial than the process of creating it: Implementation is more important than legislation. Indeed, legislation's primary and initial focus should be to create proper administrative bodies and give them the tools to bring the goals of policy legislation to fruition."
This in-depth paper analyzes the changing role of law enforcement administrators and agencies around the world in the face increasing global terrorism.
Abstract This well-researched paper opens with a comprehensive and historic look into both the American and British law enforcement agencies. The writer of this paper traces the origins of the British Sheriff's office back to the Norman Conquest which took place in 1066. This paper delves into the significant increase of international terrorism while focusing on the effectiveness of various law enforcement agencies in America and around the world in combating this growing problem. This paper discusses the views and opinions of several historians regarding the increase and decrease of crime and terror from the medieval times and up to the present. The writer of this paper examines specific historic events and their resulting impact on global terrorism including the fall of the Soviet Union, the Cold War and the 9/11 terror attacks. This paper analyzes the manner in which the Bush Administration moved to establish additional intelligence and enforcement cooperation among the existing agencies in order to more effectively face terrorist threats such as al-Qaida. This paper contains detailed and in-depth historical facts and dates relevant to this particular topic. This paper also examines the manner in which recent advancements and progress in technology are assisting law enforcement agencies around the world to thwart off potential threats of terror.
From the Paper "Various historians have offered various different reasons for the unexpected decrease in the crime rate during the comparatively modern times, and there were some who assumed that perhaps it was industrialization and urbanization and modernization that contributed to this phenomenon. There were some other scholars and researchers who theorized that in actuality crime had not diminished, but had in fact shifted form bodily assaults that were popular in those times, to crimes that were more or less closely related to property, which also indicated that the nature of crime had shifted from an innate scarcity and paucity, to a greater prosperity as well as a free availability of material goods and possessions during modern times. There is also another form of opinion, which states that the decrease in crime seemed to have happened irrespective of industrialization and urbanization."
Abstract In this paper, the writer explains the origins of the government administrative agencies. The writer then examines the functions of these agencies. In this essay, the writer presents a discussion of how the operation of administrative agencies is impacted by the courts.
From the Paper "Within the executive branch of the government are a number of administrative agencies, often known as a fourth branch of the U.S. government. Many of these agencies were originated as part of the New Deal era of President Franklin D. Roosevelt including such agencies as the Equal Employment Opportunity Commission (EEOC) the Food and Drug Administration (FDA), the Occupational Safety and Health Administration (OSHA) and many others. These agencies are in operation to protect a public interest rather than to protect private rights ... "
Tags: FDA, FDA, OSHA, EEOC, Congress, executive branch, legislation, law, public interest, regulatory agency, government
Abstract In this article, the writer explains that law can be classified in different ways. The writer notes that such classification is a useful exercise in learning and for obtaining an overview of the subject as it helps one to break up a large topic into manageable proportions. However, the writer points out that it must be remembered that the classification of law is an arbitrary exercise and there is no absolute or "right way" of categorizing law. In this paper, some of the ways in which law can be categorized are discussed.
Outline:
Civil Law and Criminal Law Classification by Subject
Classification by Scope
Classification by Origins of Law Procedural Law vs. Substantive Law References
From the Paper "Perhaps the simplest way to classify law is to divide it in two broad categories: civil law and criminal law. In such a classification, one can assume that civil law is all law other than criminal law. Hence in this type of grouping, all laws other than criminal law such as property law, contract law, tort, commercial, and administrative law fall under the broad heading of civil law and are dealt with by the civil courts. As opposed to this, criminal law is dealt with by criminal courts."
"Such categorization of law is useful because it highlights the differences between civil and criminal law, which are important to understand the intricacies of legal systems of countries such as the United States."
Tags: criminal, administrative, courts, legal, systems
Abstract This paper discusses the Constitutional Reform Act of 2005, which enshrines in law, for the first time, a duty on government ministers to uphold the independence of the judiciary. The paper describes the history and the scope of the law, as well as its purpose. In addition, the paper discusses the Constitutional Reform Act with relation to English constitutional law and its need for reform.
From the Paper "The scope of judicial review today is almost unrecognisable compared to that of 25 years ago, and judges are more willing to intervene to ensure that the body in question acts in a procedurally correct manner, even when such a decision may impugn on the authority of the executive. For example in the case of Anisminic Ltd v Foreign Compensation Commission , where a statutory provision seemed to exclude the courts' supervisory jurisdiction, the court, according to Wade and Forsyth, acted in a way of "total disobedience to Parliament" by recognising a broad concept of jurisdiction. Further, in the Pergau Dam case, Lord Irvine argues that the court "took away from the executive a considerable degree of autonomy" in holding that the Secretary of State's decision was unlawful. He continues arguing "it is this type of judicial activism which begins to blur the boundary between appeal and review, thereby undermining the constitutional foundations on which the courts' supervisory jurisdiction rests"."
Abstract This paper discusses the role of the sheriff in England and how that role changed with the development of common law. The paper first discusses the impact of the Writ of Right on Henry II's power and on the role of the sheriff. Next, the paper discusses the history behind the changes to common law in the time of Henry II and focuses on how the sheriffs were integral to the development of the common law at that time.
From the Paper "Henry eventually rehired only seven of the fired sheriffs. Henry did not look to the traditional wealthy landowner who would normally inherit the office to replace these sheriffs. Overturning tradition, he instead hired professional administrators who had been trained in the Exchequer. These new sheriffs were professionals, loyal to Henry, who were without a political power base and therefore politically unimportant. These new sheriffs exemplified the transformation of the common law during the reign of Henry II. Loyal to a centralized power and personally unimportant, they were agents of the royal justice, which could now legitimately be referred to as the common law. These sheriffs were integral to the development of the common law under Henry II."
Abstract The paper discusses women in the law enforcement field and the problems they face. The paper looks at the reasons for decreasing enrollment of women in law enforcement and concludes with the hope that the critical decision-making and critical thinking that are important in this type of work will also be applied to finding more individuals to work in the field.
From the Paper "The topic of critical thinking in law enforcement has become increasingly more popular as the world moves into the information age. There have been major technological advances and changes in many regulations for law enforcement that have helped to fuel the upsurge of new decisions in the industry (Ammeter, Douglas, Gardner, Hochwarter, & Ferris, 2002). There are now many more opportunities in law enforcement administration then there once were, and a great deal of these opportunities are now open to women, which is only one of the more critical decisions that have been made. This is something that was unheard of only a few years ago. Women in the law enforcement field are now more readily accepted but they still have a long way to go to be respected as much as men in the same field."
Abstract This paper discusses breach of accountability within law enforcement over the past two decades. It looks at issues such as police brutality, corruption and other forms of unethical behavior. The paper then discusses the reasons that such breaches of accountability occur and how they reflect negatively upon law enforcement institutions and specific policy agencies.
From the Paper "The implication for the entire police organization at Dallas is that this is a massive undertaking to defraud the criminal justice system. If it has perpetuated for so long it must be an institutionalized problem because many officers must have known of what was happening. The organization may not be judged as completely corrupt, but inattentive at an administrative level. It can also be said that the entire organization has inadequate monitoring and hiring procedures because many of their police officers were shown to be racist. All of these actions reflect negatively upon them to show that in general this police department is ineptly run and monitored. Police corruption has been rampant within Texas for some time and there have been many such instances of criminalized activity within the police department."
Abstract This paper outlines that one of the major disputes within educational institutions is the distribution of power and administrative responsibility: One side believes the administration and structuring of education needs to be left with "professional" administrators, while the other side believes that teachers deserve a more central role. The author points out that teachers are affected by the decisions of administrators to a very high degree and need to have some control and influence over their fate. The paper concludes that the contention that teachers will advance their interests alone if given more administrative influence is absurd.
From the Paper "Obviously, it is the unanimous opinion of those within our educational institutions is that teachers? opinions are not granted the same attention as others of power, so the next step in analyzing this phenomenon is asking ourselves"why" Paul Moreno, a reporter for the Massachusetts News, believes the problem lies within the teacher's union. He writes of teacher's unions throughout the nation using coercive power for control. Unions maintain strong positions of power within state legislatures and parental groups within school systems."
Tags: unions, administrators, role, control, power
Abstract The paper states that public administration is crucial to the achievement of developmental aims and that it is substantially inextricable from its wider governance and societal structures and social milieus. The paper relates that an important unit of analysis is the nature of institutions and the "inherently" perceived phenomenon of power dynamics. The concept of power is important in understanding the intra- and inter-organizational political dynamics and reality of public institutions. The paper further states that it is crucial to understand the nature and role of public administration in society in light of globalization and changing role of the state. Lastly, the paper looks at the evolving role of public administration as an instrument of the state in "serving" citizens.
Outline:
Power and Institutions
Intergovernmental Relations: Bargaining and Negotiating
Public Administration in Democratic Governance
UNDP Governance Characteristics
Role of Government
Development Goals (MDGs)
From the Paper "Thus, there is an imminent need to provide for a more balanced and holistic perspective of power in institutions so as to mitigate its predatory consequences and ensure positive implications on current normative trend espousing respect for human rights and rights of minority. The benign conceptualization of power dynamics in political institution, in a way, has a terrible effect on policies and public administration as it would seem espousing for institutionalized discrimination and oppression while benefiting others (usually those holding power or associated with them)."
A study of the degree to which the media and the U.S. administration work together to manufacture consent with special emphasis on The New York Times' complicity.
1,650 words (approx. 6.6 pages), 14 sources, 2002, $ 62.95
Abstract Successful management of the media is a key element of politics today. This paper assesses the manner, and extent to which, the US administration and the media cooperate to manufacture consent. It highlights the extent to which The New York Times merely restates the administration's position and relies principally on administration sources. The influence outside of the US, in Canada, is also briefly examined.
Abstract This paper examines the role of the database administrator, why they are necessary in organizations and how a database administrator differs from a knowledge manager. The paper examines the various jobs and functions of database management in large organizations.
From the Paper "Few companies today are able to exist without an information technology department. Whether a large multinational conglomerate or a small retail establishment nearly all companies rely on computers to some degree. Some companies are highly dependent on computer systems while others use them only for accounting and related tasks. Every organization even the smallest company has at least one person whose job entails making sure that the computer system is up and running or at least knowing who to call when the computer system goes ..."
Abstract This paper critically analyzes the administration policies and ideas set forth in an essay by President Woodrow Wilson entitled "The Study of Administration". The paper describes Wilson's thoughts about using ministrant (function of the government) and constituent ideas to represent political and apolitical branches respectively and relates that constituent functions were given very important tasks, such as the protection of liberty, life, and property, while ministrant functions were necessary for advancing societal interests. The paper concludes that Woodrow Wilson attempted to outline a coherent and somewhat revolutionary idea about public administration and politics and how each should be separate, yet work together.
From the Paper "Wilson was determined to make reforms and labeled areas that were functions of the government "ministrant" and those that were not, or were apolitical, he labeled "constituent" (Clements 320). These constituent functions were given very important tasks, such as the protection of liberty, life, and property, while ministrant functions were necessary for advancing the societal interests (320). Although these labels appear to be incorrectly given as ministrant areas were given what really appeared to be political functions such as labor regulation, communications, transportation maintenance, education, and conservation efforts."
Abstract Compares the works of Woodrow Wilson, Frederick Taylor, and Graham Allison and their influence on the study of administration and the roles of public administrators.
From the Paper "Many voices have had profound influences on the development of public administration. The writings of Woodrow Wilson and Frederick Taylor were just two voices that identified many of the critical themes that would be permanent parts of this field of study. In Wilson's (1887) "Study of Administration," he expressed his idea of improving government efficiency by developing a management system free from political intervention. In "Scientific Management," Taylor (1912) explained scientific management principles"duties assumed by those in management. Both of their works can be compared to that of Graham Allison's (1979) "Public and Private Management: Are They Fundamentally Alike"" In it, he examined the characteristics of public managers and the characteristics of their environments. These three writings are similar in content; however, there are some portions where the ideas of the authors contrast."
Abstract This paper proposes to study the role that public administration has in encouraging changes in society while, at the same time, safeguarding the structure and continuity of society. The paper proposes to look at which sectors of society should provide the impetus for change and which should preserve the status quo. Finally, the study intends to look how the need for change in society can be balanced against the need for stability and the specific ways in which public administration professionals can help society to maintain this balance.
From the Paper "But just as lack of change can be terribly damaging if not lethal to a society, too much change can also be dangerous. Societies that prosper are those that allow for change within an established structure ? and both the change and the structure are important. (This does assume, of course, that the structure is fundamentally sound to begin with.)"
