Saturday, August 28, 2021

Why So Many Americans Reject Legal Due Process in the Age of Covid

Were one to suggest in mixed company that businesses ought to be afforded a hearing before being forcibly closed-or that an individual ought to receive some sort of due process before being deemed a "Nonessential" worker-this was likely to elicit scoffing and contempt.

There's no room for due process anymore, the official narrative tells us.

Rather it is, in part, a manifestation of a long ideological process that has gradually replaced respect for legal checks and balances and due process with a deference to scientific experts.

This due process was slow, and was backward looking in the sense that it had been built up on legal foundations of avoiding past abuses by regimes.

The most revered experts under this way of thinking were the legal experts or-to use de Jouvenel's preferred term-the jurists, who ensured that legal process was respected so as to ensure the maintenance of legal rights.

The public's growing faith in technology as a means of fine-tuning society began to challenge the now seemingly old-fashioned ideas of due process and stable procedure.

Thus, only many months after the fact can those who oppose the executive's preferred policies hope to regain some semblance of legal rights and due process through the courts or legislative action.

https://mises.org/wire/why-so-many-americans-reject-legal-due-process-age-covid 

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