AI Article Synopsis
- The article challenges the notion that emergency legal actions are ineffective, particularly by examining how European countries responded to the Coronavirus pandemic.
- It draws on Lon Fuller's theory of law to suggest that separating regular legal actions from emergency measures is unnecessary and counterproductive in this context.
- The author emphasizes that adhering to the rule of law can actually enable effective emergency responses, highlighting the positive aspects of using legal frameworks in crisis situations.
Article Abstract
There is a long-established claim that emergency action through the law is impossible, or bound to be ineffective. This article seeks to challenge this position by reference to the response of many European states to the Coronavirus pandemic and by drawing on Lon Fuller's theory of law. It argues that there are a number of reasons why a fragmentation of governance between ordinary, legal action and emergency, extra-legal action is neither necessary nor desirable in this specific context. In societies that are generally rule of law compliant governance according to formal legal principles is not only constraining, it also possesses the quality of a 'liberating limitation', creating the room for effective, sustainable action. Too little has been made of this positive dimension of the legal form as an instrument for emergency action.
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| http://dx.doi.org/10.1163/15718093-bja10066 | DOI Listing |
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