Free Custom «The Concept of Public Interest» Essay Paper

Introduction

A state, as well as an individual, whether he is a citizen or not, is not entitled to perpetrate crimes. The only exception to the common rule is the situation, when the interests of the entire community are at stake, and accordingly the provisions of the criminal law and even the Constitution can be violated. This concept is among the most controversial and highly disputed in the scientific community. Overall, although extensive and irreconcilable debates were launched in the political and scientific circles of the United States of America, Europe, Asia and Africa, the unified definition has not been elaborated yet.                            

Nevertheless, this concept is considerably important, because it may be easily used in the court of law in order to discharge the accusations. Quite often, the attorney enters the plea of not-guilty on the grounds of public interest. In this essay, the major constituents of this vitally important for the justice system and the development of the civil society concept are outlined and the most common approaches to the evaluation of the proposed definition are revealed.

 

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The Definition of Public Interest

As it has already been stated in the introduction section, the unified approach to the definition of introduction does not exist. However, the leading scientific and political communities have a concurrent opinion that this concept contains military, economic, financial, political and cultural constituents. These integral elements are of equal importance and no one shall have dominance over another.  The court practice of the state, federal and Supreme Court of the United States of America indicates that the concept is construed differently in various jurisdictions and in the overwhelming majority the criterion applied by the courts are similar. These criterions have been subsequently used by the United States politicians, when the doctrine of the Homeland Defense was elaborated by the committee of the United States Congress.

The Military Constituent of the Public Interest

Under the doctrine of public interest, the overall military security must be guaranteed for the civil society of the United States of America or for other sovereign countries. This concept means that the frontiers of the United States of America must remain inviolable and the external and internal enemies must not encroach upon them (Friedrich, 1962. If the military security  of the United States is endangered, either by the possibility of the intervention or terrorist war, any actions of the respective United States law enforcement agencies are permitted under the law and even the violation of the basic and fundamental basic human rights is allowed under the law.                                                                               

The well-being and security of the United States Army personnel is subjected to extra protection under the law and if the rights of the US military people are violated, automatically the public interest of the United States is at stake and naturally the judicial protections under this type of defense are allowed to the officers and soldiers.

The Economic and Financial Constituent of the Public Interest

This principle purports that the United States people and business entities must be provided with the opportunity to implement their economic and business interests.  If any of the economic and marketing wars are launched in the United States of America, or any attempts to devaluate the price of the United States dollar are exerted, the concept of public interest is automatically under huge threat (Engelmann, 2003). In other words, the economic integrity and financial well-being, i.e. the opportunity to run business, to employ people and to be employed, the right to get salaries, wages and other labor privileges are the main elements of the public interest concept.   A great variety of the economic tools which may hypothetically affect the normal course of affairs are in the arsenal of those, who aspire to undermine the financial security of the United States citizens and business institutions.                                          

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The actions which encroach upon the economic integrity and security of the United States individuals and business entities are defined as economic or informational terrorism and the actions that are conducted by the United States law enforcement agencies which are aimed at the economic crime prevention are justified.                                                         

Another manifestation of the economic constituent is the existence of the Internal Revenue Service. The taxes are collected within the jurisdiction in order to assure that all layers of the society are provided with the basic means of existence. The situation, when a Wall Street banker accrues enormous profits and the poor people drag a pity existence is not acceptable for the democratic United States civil society.  Therefore, when the internal political and economic mechanisms endanger the well-being of all United States citizens, the integral system of the public interest is under threat (Steele, 2003).

Cultural Constituent of the Public Interest

This facet of the public interest doctrine purports that the cultural development of the United States community must be guaranteed and these guarantees must be assured by the government. The cultural legacy is to be saved for the forthcoming generations and the interests of the culture, science and arts must be accentuated and preferred.

Summary

Overall, having researched the topic, it has become evident that public interest is complex and considerably sophisticated aspect of the public life.  The practice of the United States Supreme Court and the studies of the leading scholars and politicians have defined the public interest as an overall observance of the military, economic and financial interests of the government authorities and the civil society as well. Provided that these interests are satisfied, the public interest is satisfied and the community is open for the development and prosperity.