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177The
Duty to Govern and the Rule of Law in an Emergency
each finite, episodic project, but also for projects carried on over time:
maintaining emergency preparedness, addressing the mounting pub-
lic debt, confronting the failings exposed by present circumstances.
Here, too, the failure to settle upon a pattern of coordination will be, in
many instances, unreasonable, even if reason identifies no one pattern
as the pattern that should be selected.
How, then, is a community to settle upon a pattern of coordi-
nation? In the final analysis, there are only two reasonable ways to
secure a pattern of coordination: unanimity or authority.1 Both aim to
bring all persons to the same view: the first directly on which pat-
tern of coordination is to be selected; the second indirectly on how
to settle which scheme is to be selected. There can be no denying that
some measure of unanimity successfully resolves some coordination
problems in a community. Yet, for a greater number of matters, only
authority will be available to settle, decisively, which coordination pat-
tern will be the community’s. Authority secures what unanimity can-
not: a way of settling, in the absence of unanimity, what is to be done
by members of a community. Such need is all the more immediate
when, as is the case in responding to a health pandemic, there is need
to secure a pattern of coordination now, without delay.
On this understanding, authority is a relationship between per-
sons in authority and the community’s members. This relationship
can aptly be labelled one of “service,”2 captured by common refer-
ences to persons in political authority as “public servants” exercising
a “public service.” The service in question is fulfilled in part by set-
tling patterns of coordination. As illustrated by the challenges of the
COVID-19 pandemic, persons in authority would fail to do their duty
if they failed to settle on a pattern of coordination.3 With this failure in
mind, we come to see how authority over a community’s members is
synonymous with a responsibility for.
1. See Yves R Simon, A General Theory of Authority (Notre Dame: University of
Notre Dame Press, 1980) at 40; John Finnis, Natural Law and Natural Rights, 2nd
ed (Oxford: Oxford University Press, 2011) at 232. See further Leslie Green, “The
Duty to Govern” (2007) 13:3/4 Legal Theory 165.
2. See e.g. Joseph Raz, The Morality of Freedom (Oxford: Oxford University Press,
1986) at chapter 3.
3. On whether, in a federation, such coordination should be achieved at the
national level, see David Robitaille, this volume, Chapter A-4; Colleen M Flood
& Bryan Thomas, this volume, Chapter A-6; Carissima Mathen, this volume,
Chapter A-7.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Titel
- VULNERABLE
- Untertitel
- The Law, Policy and Ethics of COVID-19
- Autoren
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Verlag
- Ottawa Press
- Datum
- 2020
- Sprache
- englisch
- Lizenz
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Abmessungen
- 15.2 x 22.8 cm
- Seiten
- 648
- Kategorien
- Coronavirus
- International