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It is still a criminal offence (tội hình sự) in England to meet people from outside your household indoors, other than for specific permitted purpose, or to meet more than five others outdoors. We were pathetically grateful to be allowed to have a pint outside a pub in the sleet of early April, but also risked prosecution for sitting in a group of seven for a picnic on days when the sun shone. I have written elsewhere about how this arrangement is fatal to the rule of law and invites arbitrary policing and a managerial, Big Brother state.
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But most of all it seems that the Government has forgotten that freedom is (or used to be) our default setting, and any restrictions need to be justified. Laws preventing freedom of association, freedom to carry on business or to enjoy family life, should have to be assessed and justified for every single day that they continue in force. Instead, the opposite seems to apply – the restrictions are to continue until ministers are satisfied that there is no risk (the official timetable remains contingent). Risk of what seems unclear; we’ve come a long way from flattening the curve and protecting the NHS from being overrun. Many libertarians and free market conservatives were willing to accept emergency laws during the pandemic on the basis of the harm principle and remediation of externalities. I now think that was wrong, but even if you accept that justification it is hard to argue it still applies.

Tags: health

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