Covid-19、国家效力和政治道德的核心价值

IF 0.4 Q3 LAW Law and Development Review Pub Date : 2024-05-20 DOI:10.1515/ldr-2024-0001
Thomas F. McInerney
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引用次数: 0

摘要

科维德-19 期间发生的三大失败涉及杰里米-沃尔德伦(Jeremy Waldron)所说的构成我们政治道德核心的政治价值观或理想的关键方面。其中包括民主、人权和法治问题。为了分析这些价值观是如何受到 Covid-19 影响的,本文首先概述了 Covid-19 危机期间发生的事情。首先,我重点介绍了危机期间的审议和决策过程。其次,我回顾了这次经历所暴露出的国家效力的关键方面。第三,我考虑了政府的应对措施对人权保护的影响。然后,我通过有关政治道德关键组成部分(包括法治、民主和人权)的主要理论论述来研究这些主题。借鉴这些理论观点,我试图找出法治、民主和人权产生的发展过程的广泛因果关系。这个故事的一个重要组成部分就是国家效力的作用。在最后一节中,我从沃尔德伦的民主、人权和法治价值群的角度,将这些理论和实证观点与政府应对科威德-19 事件的主要启示结合起来。最后,我将探讨这种理解对法律与发展理论和实践的影响。
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Covid-19, State Effectiveness, and Core Values of Political Morality
There are three main failures that occurred during Covid-19 which relate to critical aspects of what Jeremy Waldron has referred to as the constellation of political values or ideals constituting the core of our political morality. These include questions of democracy, human rights, and the rule of law. To analyze how these values were affected by Covid-19, this article begins with an overview of what occurred during the Covid-19 crisis. First, I focus on the deliberation and decision-making processes applied during the crisis. Second, I review key aspects of state effectiveness that the experience exposed. Third, I consider the ways government responses affected human rights protections. I then examine these themes through leading theoretical accounts about the critical components of political morality including rule of law, democracy, and human rights. Drawing on those theoretical perspectives, I seek to identify the broad causal story about the developmental process through which rule of law, democracy, and human rights emerge. A critical component of that story is the role of state effectiveness. In the final section, I confront these theoretical and empirical views with key takeaways from governments’ responses to Covid-19 from the standpoint of Waldron’s constellation of values of democracy, human rights, and rule of law. In conclusion I consider the implications of this understanding for the theory and practice of law and development.
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
12
期刊介绍: Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.
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