WHAT IS THE DIFFERENCE BETWEEN

POLICY AND LAW?

*The main difference be!een "#$ic% and $a! i& !h# ha& he a'h#ri% # creae i
and h#! i can be enf#rced(*
Wha are "'b$ic "#$icie&?: they can be regulatory, distributive, or redistributive.
Material or symbolic. Substantive (what gov intends to do) or procedural (how something
will be done and who will do it). They can provide collective goods or private goods and
can be liberal or conservative. Public policies are not limited to public life.
S#'rce: upta, !. ("##$). Analyzing Public Policy: Concepts, Tools and Techniques. %&
Press
'Public Policies must be formulated and implemented within a nation(s legal framewor).
enerally spea)ing, laws from si* sources govern our daily lives in the +nited States:
constitutional laws, laws made by legislatures, e*ecutive orders, interpretations of laws
by the ,udicial branch, agency rules, and public referenda. -n our democratic system of
chec)s and balances, laws passed by legislatures, e*ecutive orders, referenda, and agency
rules can all be declared null and void by the courts.. (p. /0) 1owever, public policies
can be created, revised, or deleted by the organi2ation involved in the administration of
the policy.
S#'rce: http:33en.wi)ipedia.org3wi)i3Main4Page
P'b$ic "#$ic% i& a "#$ic% #r &e #f "#$icie& !hich f#rm& he f#'ndai#n #f "'b$ic $a!(
Public policy is e*pressed in the body of laws, regulations, decisions and actions of
government. P#$ic% ana$%&i& may be used to formulate public policy and to assess its
effectiveness. 5ccording to Th#ma& A( Bir)$and in 5n -ntroduction to the Policy
Process ("##$), there is a lac) of a consensus on the definition of public policy. 6ir)land
outlines a few definitions of public policy below:
C$ar)e E( C#chran* e a$(: 7The term public policy always refers to the actions of
government and the intentions that determine those actions7.
C$ar)e E( C#chran* e a$(: 7Public policy is the outcome of the struggle in government
over who gets what7.
Th#ma& D%e: Public policy is 78hatever governments choose to do or not do7.
Char$e& L( C#chran and E$#i&e F( +a$#ne: 7Public policy consists of political decisions
for implementing programs to achieve societal goals7.
B( ,'% Peer&: 7Stated most simply, public policy is the sum of government activities,
whether acting directly or through agents, as it has an influence on the life of citi2ens7.
$
Bir)$and indicae& ha he e$emen& c#mm#n # a$$ definii#n& #f "'b$ic "#$ic% are
a& f#$$#!&:
The policy is made in the name of the 7public7.
Policy is generally made or initiated by government.
Policy is interpreted and implemented by public and private actors.
Policy is what the government intends to do.
Policy is what the government chooses not to do.
8hile the study of politics has a long history, the &%&emaic &'d% #f "'b$ic "#$ic%, on
the other hand, can be said to be a twentieth century creation. -t dates to $9"" when
political scientist Char$e& +erriam sought to connect the theory and practices of politics
to understanding the actual activities of government, that is public policy.7 (see Mc%ool,
!aniel %. Public Policy Theories, Models, and %oncepts: 5n 5nthology. :nglewood
%liffs, ;.<.: Prentice 1all, $99=.)
La! (from the late >ld :nglish lagu of probable ;orth ermanic origin) in politics and
,urisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit
specified relationships among people and organi2ations, intended to provide methods for
ensuring the impartial treatment of such people, and provide punishments of3for those
who do not follow the established rules of conduct. La! i& %"ica$$% admini&ered
through a system of courts, in which ,udges hear disputes between parties and apply a set
of rules in order to provide an outcome that is ,ust and fair. The manner in which law is
administered is )nown as a legal system, which typically has developed through tradition
in each country. ?egal practitioners, most often, must be professionally trained in the law
before they are permitted to advocate for a party in a court of law, draft legal documents,
or give legal advice.
P'b$ic $a! is the area of the politics governing the relationship between individuals
(citi2ens, companies) and the state. %onstitutional law, administrative law and criminal
law are thus all sub@divisions of public law. enerally spea)ing, private law is the area of
law in a society that effects the relationships between individuals or groups without the
intervention of the state or government. In man% ca&e& he "'b$ic-"ri.ae $a!
di&inci#n i& c#nf#'nded b% $a!& ha re/'$ae "ri.ae re$ai#n& !hi$e ha.in/ been
"a&&ed b% $e/i&$ai.e enacmen( -n some cases these "'b$ic &a'e& are )nown as laws
of public order, as private individuals do not have the right to brea) them and any attempt
to circumvent such laws are void as against public policy. The area of public law, in a
general sense, is the law in a given legal system that concerns the legal organi2ation of
the various branches of government and institutions of state, as well as disputes between
the government and private individuals residing within the country. The state can bring
actions against people for criminal acts, as well as breach of regulatory laws. :Aually,
individuals can bring actions against the government for harm it has done. This includes
"
grounds on the basis of a breach of regulations, legislation on matters beyond their
competence, or violation of an individualBs rights. These last two points are often
protected under a countryBs constitution.
E0am"$e #f an #r/ani1ai#n2& inerna$ "#$ic% /'ided b% e0erna$ $a!3
S#'rce: http:33www.evergreen.edu3policies3g@nondiscr.htm
The E.er/reen Sae C#$$e/e N#n4Di&criminai#n P#$icie& and Pr#ced're&
Cevised <anuary $#, "##D
5pproved by:
President, Thomas ?. Purce
Eice President for 5cademic 5ffairs and Provost, !on 6ant2
Eice President for Fiance and 5dministration, <ohn 1urley
Eice President for Student 5ffairs, 5rt %ostantino
:*ecutive 5ssociate to the President, ?ee 1oemann
I( P#$ic% Saemen
The :vergreen State %ollege is committed, as a matter of principle, and in conformance
with federal and state laws, to prohibiting discrimination and behaviors, which, if
repeated, could constitute discrimination. The President of the :vergreen State %ollege,
as the delegate of the 6oard of Trustees, directs that all personnel and student@related
transactions, and the operation of all %ollege programs, activities and services, will not
discriminate on the basis of race, color, religion, creed, national origin, se*, se*ual
orientation, gender identity, gender e*pression, marital status, age, disability, pregnancy,
or status as a disabled veteran, a Eietnam era veteran or other covered veteran.
1arassment on any of the above@stated grounds is a form of prohibited discrimination.
This policy applies to faculty, staff and students. This policy also prohibits retaliation for
reporting possible violations of this policy, for cooperating with any related investigation,
or for participating in such a complaint process.
II( Le/a$ Ba&i&
5mong the laws upon which the %ollege(s ;on@!iscrimination Policy is based are: Titles
-E, E- and E-- of the %ivil Cights 5ct of $9DG, Title -H of the :ducation 5mendments of
$90", Sections =#/ and =#G of the Cehabilitation 5ct of $90/, the 5ge !iscrimination in
:mployment 5ct of $9D0, the Eietnam :ra Eeteran(s Cead,ustment 5ssistance 5ct of
$90G, the $90= 5ge !iscrimination 5ct, the :Aual Pay 5ct, the 5mericans with
!isabilities 5ct of $99#, the %ivil Cights 5ct of $99$, the Eeteran(s :mployment
>pportunities 5ct of $99I, and C%8 G9.D#, 8ashington State laws against
discrimination.
n#e: -n late <anuary of "##D, the State ?egislature passed and the overnor signed a bill
which would add se*ual orientation, including gender identity and gender e*pression, to
the state law providing protections against discrimination across a broad spectrum of
activities. The bill became state law in <une "##D. The %ollege will, as a matter of
/
principle and in accordance with our state policy above, not discriminate against faculty,
staff, or students in employment, or any college programs or activities, based on se*ual
orientation, gender identity or gender e*pression. The %ollege will enforce this provision
internally to the full e*tent possible.
III( Definii#n&
5. '5 person with a disability. means any person who: ($) has a physical or mental
impairment which substantially limits one or more of such person(s ma,or life activitiesJ
(") has a record of such impairmentJ (/) is regarded as having such an impairmentJ or (G)
is otherwise deemed disabled under applicable federal or state law. %lic) here for
information on the %ollege(s Ceasonable 5ccommodation policy.
6. '5ge !iscrimination. refers to actions prohibited by the 5ge !iscrimination in
:mployment of 5ct of $9D0, which protects individuals who are G# years of age or older
from employment discrimination based on age.
%. '%omplainant. refers to the person or persons who initiate a complaint.
!. 7ender -dentity and ender :*pression7 refer, respectively, to the gender one self@
identifies as, and the gender on e*presses oneself as.
:. '1arassment. is a form of behavior that is characteri2ed by conduct: ($) based on race,
color, creed, religion, national origin, se*, se*ual orientation, age, marital status,
disability, pregnancy, or status as a disabled, Eietnam era or other eligible veteran which
is unwelcomeJ 5;! (") if sufficiently severe, persistent or pervasive could reasonably be
e*pected to create an intimidating, hostile or offensive wor)ing or learning environment.
F. 'Marital Status. means the legal status of being married, single, separated, divorced or
widowed. -t does not include consideration of cohabiting relationships.
. '>ther covered veteran. means a veteran who served in active duty during a war or in
a campaign or e*pedition for which a campaign badge has been authori2edJ veterans who,
while serving on active duty in the 5rmed Forces, participated in a +nited States military
action for which an 5rmed Forces service medal was awarded pursuant to :*ecutive
>rder ;o. $"9I= (D$ Fed. Ceg. $"#9)J and recently separated veterans.
1. 'Cespondent. is the person or persons about whom a complaint has been initiated.
-. 'Cetaliation. refers to adverse actions by an employer because of an individual(s
participation in a protected activity, such as participating in a discrimination complaint
process.
<. 'Se*ual orientation. means heterose*uality, homose*uality, and bise*uality.
1. :*ternal 5gencies:
G
:vergreen(s policies and procedures are not intended to impair or limit the rights of
anyone to see) a remedy available under state or federal law.
5 person who believes s3he has been the sub,ect of discrimination may choose to file
with the following agencies.
8ashington State 1uman Cights %ommission
G#" :vergreen Pla2a 6uilding
0 th and South %apitol 8ay
>lympia, 85 9I=#G
>ffice for %ivil Cights, Cegion H
+. S. !epartment of :ducation
9$= Second 5venue, Coom //$#
Seattle, 85 9I$0G
+.S. :Aual :mployment >pportunity %ommission
Seattle !istrict >ffice
Federal >ffice 6uilding
9#9 First 5venue, Suite G##
Seattle, 85 9I$#G@$#D$
E. P>?-%K !-SS:M-;5T->;
5. -nternal !issemination
The :vergreen State %ollege(s ;on !iscrimination Policy will be made available to all
college employees and students, will be included with information materials given to all
new employees, will be posted in college offices, and will be available on the %ollege
web@site.
6. :*ternal !issemination
The :vergreen State %ollege will inform all recruitment sources about the %ollege(s ;on@
!iscrimination Policy and will include applicable information in all ,ob announcements
and advertisements for vacant positions. ;on@!iscrimination clauses will be incorporated
in all agreements and contracts with contractors and vendors from whom the college
purchases goods and servicesJ organi2ations or business establishments with which the
college has internshipsJ and representatives of off@campus persons or groups that
schedule the use of college facilities for conferences, conventions or other activities.
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