What has since become abundantly apparent is the destructive influence of behavioral economics and the so-called "nudge theory" of political decision… - Christian Laval

It is also worth recalling that French officials adopted this very same approach until March 14. Macron initially refused to adopt strict containment measures because, as he stated on March 6, "restrictive measures are not sustainable over time." As he exited the theater he had attended that very same day with his wife, he declared "Life goes on. There is no reason, save for vulnerable populations, to change our social behaviors." Lurking beneath these words, which seem utterly irresponsible today, one cannot help but detect a tactic in which this libertarian paternalism allowed governments to defer the measures they knew would necessarily disrupt their economies. Nonetheless, the eventual failure of libertarian paternalism to contain the virus compelled the political authorities to radically change course. In France, our first glimpse of this shift was Macron's Presidential Speech on March 12, in which he appealed to national unity, to our sacred union, and to the French people's "strength of character." Macron’s next speech on March 16 was even more explicit in its martial posture and rhetoric: it is time for general mobilization, for "patriotic self-restraint," because "we are now at war." The figure of the sovereign state now manifests itself in its most extreme but also its most classic form: that of the sword that strikes the enemy, "who is there, invisible, elusive and advancing."

Nonetheless, during the same press conference, Macron declared that "delegating our food, our protection, or our ability to take care for our living environment to others is madness. We must take back control." This invocation of state sovereignty has been welcomed by many, especially the neo-fascists of the Rassemblement National (the National Rally). The defense of public services would thus seem perfectly aligned with the prerogatives of the sovereign state: removing healthcare from the logic of the market is an act of sovereignty that is now in the process of reversing the many concessions France granted to the European Union in the past. But is it so obvious that the notion of the public service is in fact aligned with the concept of state sovereignty? Does the former depend on the latter? Is the public service indissolubly linked to state sovereignty? This question deserves particularly careful consideration because it is one of the central arguments deployed by the proponents of state sovereignty.

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.