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Private Versus Public Interest

The public world is influenced by many things. Among them, private industry and regulation either try to become completely void or completely involved (or at times partially) with the public realm. This is the focus of many legal problems. The libertarian/communitarian debate appears in two area of the law, corporate contracts and drug screenings, and exemplifies why some areas of law are more difficult to categorize as private or public than others.

As corporations continue to gain energy and momentum today, one must stop and look at the rules that both publicly and privately governs them. The rules which originated in an earlier age were created without the "complexities faced by an organizational society," thus concepts dealing with corporate policy, such as contracts, are wondered if still valid after all these years (Text, 529). Private companies' decisions undoubtedly effect the public in many ways. The public either gains or loses with every social, economic, or political decision that a huge corporation makes. Rightfully earning the description of "new social actor," the corporation has seemingly taken on a whole new persona; it is able to become wealthy, be knowledgeable, earn prestige, and sue in a court of law (Text,


When private activity turns into a public concern, however, the government is quick to place limits on the private actions of individuals. Drug screening is done by corporations for various protection benefits although many claim that it is an infringement on personal and private rights. The libertarian view on this matter is what is private should kept private. Drug screening oftentimes violates the feelings of security and privacy and many people argue that "drug testing violates constitutional rights and companies [should] have valid reasons to test, such as poor job performance" (Draper, 169). Communitarians argue, however that what was once a private issue has come out of the woodwork to now affect the community. Society as a whole is threatened when this potentially dangerous private activity crosses over. Private industry and the government then both take measures into their own hands--by regulations--and assess what can and what can not be done in individuals' private lives. Screening for drugs is a necessary evil, they argue further, and service and safety jobs would be counter productive if an employee's full potential is not used.

The private/public debate will always continue as long as one party benefits while the other one loses. There is no way to satisfy both parties at all times, and one should realize this before any action that infringes upon another is made.

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Approximate Word count = 941
Approximate Pages = 4 (250 words per page double spaced)


  

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