Tag Archives: global

Law, pandemic and crisis

Professor Adam Gearey is a Professor of Law at Birkbeck’s Department of Law. In this blog, Professor Gearey previews Law on Trial, the School of Law’s annual week of free, public events around a particular theme, which this year is ‘Law, Pandemic and Crisis’.

A surgical mask on some grass next to some daisies

Photo by Niamh Gearey

The correct response to the ongoing Covid crisis should be: “enough, this won’t do anymore.” In putting law on trial, this series of workshops seeks to put the whole viral/ military/ technical/ capitalist/inhuman/ racist complex on trial.

Legal thinking needs to catch up with the crisis. This is not a re-tread of the self-satisfied cosmopolitanism of the 90s, or a false choice between identity politics and the politics of anti-capitalism. It is a less-deceived, pessimistic and realistic engagement with the depth of the crisis and the possibilities of transformation: a framing of new paradigms of legitimacy and new ways of thinking. The Black Lives Matter Movement, global concerns with racist policing, climate protest and insurrection in Colombia draw attention to different aspects of this international problem. A morally bankrupt order hangs on through power and promises of bread and circus.

The global health crisis, and the fixation on technical solutions, an obsession that clearly extends beyond health care, also starkly shows that ‘market solutions’ are anything but. Like Leonard Nimoy’s character in the film Assault on the Wayne, we are being fed pills by a bogus doctor that, instead of making us better, makes us much worse.

If we are stuck with markets, then they need to be extensively regulated. Markets should serve social ends, rather than the interests of an ‘elite’ whose wealth insulates them from the effects of the markets they recommend as the only possible form of social and economic organisation. At the very least we need to approach markets with an understanding of how their immanent and radical dysfunctions can be controlled in the interests of the common good.

So, although the global epidemic should provoke a massive realignment of how we do things, it’s unlikely that the new normal will be much different from the ongoing crises of the old normal. We will be stuck with fragile constitutions, dysfunctional markets, populist politics and ongoing social and environmental crises.

Thus, to put the law on trial is to ask, how can we see the big picture? How can we be the less deceived?

Further information 

Share