THE DIRECTOR’S SEMINAR SERIES Law And Humanities in a Pandemic: The Local Meets The Global: National Responses to the Pandemic

Nationalising a National Emergency: The Manx Response to the Pandemic
Peter Edge, Oxford Brookes University

During the Coronavirus pandemic, the Isle of Man’s legal response has been profoundly different from that of the UK and its constituent nations. Drawing on original historical research, I argue that the modern pandemic is the first example of a national emergency being dealt with at a national, Manx, level rather than the Imperial level of World War One and Two, and the local level of the 1919 pandemic and its aftermath. In responding to this national emergency at a national level, the Manx legal response has been shaped by geographical features of scale and insularity, as well as the historical relationship with the UK.

Prospects for Recovery in Brazil: Deweyan Democracy, the Legacy of Fernando Cardoso and the Obstruction of Jair Bolsonaro 
Frederic R Kellogg, Federal University of Pernambuco, George Washington University, & School of Law of Damas
George Browne Rego, Federal University of Pernambuco & School of Law of Damas 
Pedro Spindola, Law School of Catholic Immaculate Conception of Recife

Former Brazil President Fernando Cardoso with Enzo Faletto wrote the classic Dependency and Development in Latin America in 1965, linking both dependence and development to the bipolarity of “central and peripheral” national economies. This historical materialist approach became an influential paradigm for understanding Latin American economics and government for half a century. The problematic administration of Jair Bolsonaro arrived amidst the failure of explanatory models in Latin America and the absence of any clear and promising chart for the future. Reflecting the general loss of confidence in political science and theory, Bolsonaro called for its defunding.  His approach points toward unreflective and impulsive government, and his government has declined toward a severe crisis in the face of growing deaths from the pandemic. The global pandemic has transformed the political environment in Brazil, as it has in other Latin American countries as well as the United States. Even before it arrived, there existed an extraordinary and unwelcome absence of thoughtful, programmatic designs for a recovery of public confidence in government. We address the question of how John Dewey’s pragmatist methodology relates to explanatory models, in both education and the logic of legal reasoning. What, in the absence of consensual models, is the way forward?  Practical issues now dominate the national scene. We suggest that the way forward be guided by the Deweyan ideal of democratic inquiry. Public philosophy must be reconstructed from the conceptual and analytical to the empirical, dynamic and therapeutic. In education, we urge following the Deweyan program of continuity and integration, the overcoming of dualisms and of rigid, static analytical models. In law, we urge a focus not on the conceptual nature of law, but of its operation in resolving conflict.

Pandemic and Mandate Shifting: Central-Local Government Tensions in the Making of COVID-19 Legal Frameworks in Indonesia
Justitia Avila Veda, Universitas Indonesia 
Geger Riyanto, Heidelberg University

Our study aims to show that the legal framework for curbing the COVID-19 pandemic in Indonesia was mainly conceived out of the mandate-shifting relationship between the central and local governments rather than to promote the health of the population and defend communities from health risks. The framework, which allows local governments to impose municipal and provincial-scale social restrictions, was made to cater to the local governments' demands. This article will elaborate on the different modalities and ever-shifting dynamics between the central and the local governments in handling the pandemic, thereby the contrastive senses of urgency and incohesive large-scale social restrictions framework.

Institute of Advanced Legal Studies
Peter Edge (Oxford Brookes University), Frederic R Kellogg (Federal University of Pernambuco, George Washington University, & School of Law of Damas), George Browne Rego (Federal University of Pernambuco & School of Law of Damas), Pedro Spindola (Law School of Catholic Immaculate Conception of Recife), Justitia Avila Veda (Universitas Indonesia), Geger Riyanto (Heidelberg University)
Event date: 
Thursday, 21 January 2021 - 3:00pm