The Rule of Law in a Pandemic

Abstract

How does a pandemic inform our understanding of the Rule of Law? Part I explores how government orders issued in response to the pandemic may not have been legally in good shape. Part II explores the consequences of possible departures from the Rule of Law for legal subjects, who may fail to do their legal duty but not for lack of commitment to the law. Part III examines possible justifications for departures from the Rule of Law in an emergency, including how the changing nature of the best available evidence and the need for quick action in response to an emergency may begin to justify a state of affairs that is not legally in good shape. Part IV concludes with the thought that achieving a legal system that is legally in good shape may be contingent on a community’s affairs being in good shape.