{"title":"Covid-19、国家效力和政治道德的核心价值","authors":"Thomas F. McInerney","doi":"10.1515/ldr-2024-0001","DOIUrl":null,"url":null,"abstract":"\n 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.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Covid-19, State Effectiveness, and Core Values of Political Morality\",\"authors\":\"Thomas F. McInerney\",\"doi\":\"10.1515/ldr-2024-0001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n 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.\",\"PeriodicalId\":43146,\"journal\":{\"name\":\"Law and Development Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2024-05-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Development Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/ldr-2024-0001\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Development Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/ldr-2024-0001","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
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.
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.