It is important to keep this last point in mind, for it is crucial in terms of understanding the public character of the so-called "public" service. … - Christian Laval

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It is important to keep this last point in mind, for it is crucial in terms of understanding the public character of the so-called "public" service. The precise meaning of the word "public" demands our full attention here, because it is too rarely recognized that the concept of "public" is absolutely irreducible to the "state." The term "publicum" designates not merely the state administration, but the entire community as constituted by all citizens: public services are not state services, in the sense that the state can dispense these services as it pleases, nor are they merely an extension of the state: they are public in the sense that they exist "in the service of the public." It is in this sense that they constitute a of the state toward its citizens.

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About Christian Laval

Christian Laval (born 1953) is a French researcher on the history of philosophy and sociology at the .

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Public services, in other words, are owed by the state — and its governors — to the governed. They are nothing like a favor that the state generously extends toward the governed, despite the negative connotations years of liberal polemics have imposed upon the phrase "the welfare state." , one of the most important theorists of the public service, made this fundamental point at the beginning of the twentieth century: it is the primacy of the duties of those in power in relation to the governed that forms the basis of what we call the "public service." For Duguit, public services are not a manifestation of state power, but a limitation of governmental power. The public service is a mechanism by which the governors become the servants of the governed. These obligations, which are imposed on those who govern as well as the agents of government, form the basis of what Duguit calls "public responsibility." This is why the public service is a principle of social solidarity, one which is imposed on all, and not a principle of sovereignty, inasmuch as the latter is incompatible with the very idea of public responsibility. This conception of the public service has largely been suppressed by the fiction of state sovereignty. But the public service nonetheless continues to make itself felt by virtue of the strong connection citizens feel toward what they still consider to be a . For the citizen's right to public services is the strict corollary of the duty or obligation of state representatives to provide public services. This why the citizens of various European countries affected by the current crisis have demonstrated, in diverse ways, their attachment to public services in their daily fight against the coronavirus: for instance, the citizens of numerous Spanish cities have applauded their healthcare workers from their balconies, regardless of their political attitude toward the centralized .

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What has since become abundantly apparent is the destructive influence of behavioral economics and the so-called "nudge theory" of political decision-making, which relies on and stimuli to steer individual behavior, rather than coercion or restraint. We now know that the "nudge unit," or the "," that advises the successfully convinced the state of their theory that individuals who are too quickly constrained by severe measures will tire and relax their discipline when the epidemic reaches its peak, which is precisely when discipline is needed most. Since 2010, 's economic theory — which he outlines in the book Nudge (2009) — is widely thought to be the best means for producing "efficient state governance." This approach tells us to encourage people, without coercing them, to make the best decisions through the use of "nudges": by using gentle, indirect, comfortable and optional influences upon individuals who are still ultimately free to make their own choices. The application of this "" in the fight against the epidemic has been two-fold: (a) the rejection of any coercive measures to regulate individual behavior and (b) a preference for "barrier gestures": keep your distance, wash your hands, cough into your elbow, self-isolate if you have a fever and all for your own benefit. This wager to rely on soft, voluntary measures was risky: there is no scientific or empirical evidence demonstrating the effectiveness of this approach in the context of an epidemic. And it is now all too clear that this approach entirely failed.

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