Hostname: page-component-848d4c4894-nmvwc Total loading time: 0 Render date: 2024-06-25T22:40:36.403Z Has data issue: false hasContentIssue false

Did U.S. Governments Violate Individual Human Rights? A Thomistic Response to COVID-19 Government Mandates

Published online by Cambridge University Press:  01 January 2024

Nathaniel A. Moats*
Affiliation:
Hillsborough Community College, Religion Tampa, FL

Abstract

In response to the COVID-19 pandemic, some Americans have claimed that U.S. governments have superseded their jurisdiction and violated individuals’ human rights in the use of government mandates. Many citizens and politicians have also claimed that governments are utilizing the pandemic as a smoke screen to take individual rights away from citizens to gain further power. In light of such claims, I provide a Thomistic response to argue that state and local political authorities’ use of public health mandates were other-regarding in seeking to protect the common good in an unprecedented health crisis. Further, I argue that the characterization of individual rights atomized from community has led to an improper understanding of political authorities, individual rights, and our duties to our communities. Rejecting the reductive, skeptical, individualistic, and atomistic views that many Americans have engendered, I provide a Thomistic political orientation that more adequately helps us think about political authorities’ and citizens’ responsibilities within our political communities.

Type
Original Article
Copyright
Copyright © 2022 Provincial Council of the English Province of the Order of Preachers

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Aquinas, Thomas. Aquinas Political Writings. Translated by Dyson, R W.. Cambridge Texts in the History of Political Thought. Cambridge, UK: Cambridge University Press, 2002.CrossRefGoogle Scholar
Aquinas, Thomas. ‘De Regimine Principum’ in Aquinas Political Writings. Translated by Dyson, R W.. Cambridge Texts in the History of Political Thought. Cambridge, UK: Cambridge University Press, 2002.Google Scholar
Aquinas, Thomas. ‘Scripta super libros sententiarum’ selections in Aquinas Political Writings. Translated by Dyson, R W.. Cambridge Texts in the History of Political Thought. Cambridge, UK: Cambridge University Press, 2002.CrossRefGoogle Scholar
Aquinas, Thomas. Summa Theologica. Benziger Bros. Edition. Trans. by Fathers of the English Dominican Province, 1947Google Scholar
Bella, Timothy. ‘“If I get corona, I get corona”: Miami spring breakers say covid-19 hasn't stopped them from partying’, The Washington Post, March, 19, 2020, https://www.washingtonpost.com/nation/2020/03/19/coronavirus-spring-break-party/.Google Scholar
Bella, Timothy. ‘Places without social distancing have 35 times more potential coronavirus spread, study finds’, The Washington Post, May 15, 2020, https://www.washingtonpost.com/nation/2020/05/15/social-distancing-study-coronavirus-spread/Google Scholar
Bennett, Catherine, ‘US doctors “self-isolate” to protect their families during COVID-19 pandemic’, The Observers, March, 18, 2020, https://observers.france24.com/en/20200318-us-doctors-self-isolate-protect-families-during-covid-19-pandemicGoogle Scholar
Catechism of the Catholic Church. 2nd ed. Washington, DC: United States Catholic Conference, 2000.Google Scholar
Charles, Douglas. ‘Evangeline Lilly Refuses To Self-Quarantine, Says Her “Freedom” Is More Important In Mind-Blowing Instagram Post’, BroBible, March 19, 2020, https://brobible.com/culture/article/evangeline-lilly-wont-self-quarantine-freedom-more-important/Google Scholar
Crofts, Richard A.The Common Good in the Political Theory of Thomas Aquinas’. The Thomist: A Speculative Quarterly Review, Volume 37, Number 1, January 1973, pp. 155173.CrossRefGoogle Scholar
Davis, William. ‘Former Rep. Ron Paul Calls On Trump To Fire Dr. Fauci, Says Some Are Trying “To Have Total Control Over The People”’, Daily Caller, April 9, 2020, https://dailycaller.com/2020/04/09/texas-ron-paul-donald-trump-doctor-anthony-fauci-fire-dismiss-coronavirus-covid-19/Google Scholar
Finnis, John. ‘Aquinas' Moral, Political, and Legal Philosophy’, The Stanford Encyclopedia of Philosophy, Zalta, Edward N. (ed.), https://plato.stanford.edu/archives/sum2018/entries/aquinas-moral-political/.Google Scholar
Finnis, John. Aquinas: Moral, Political, and Legal Theory. Founders of Modern Political and Social Thought. Oxford University Press, 1998.Google Scholar
Finnis, John. Natural Law and Natural Rights, Oxford: Clarendon Press, 2011.Google Scholar
Finnis, John. ‘Public Good: The Specifically Political Common Good in Aquinas’, In Natural Law and Moral Inquiry: Ethics, Metaphysics, and Politics in the Thought of Germain Grisez. George, Robert, ed. Washington, D.C.: Georgetown University Press. 1998: 174209.Google Scholar
Greshko, Michael. ‘COVID-19 will likely be with us forever. Here's how we'll live with it’, National Geographic, January 22, 2021, https://www.nationalgeographic.com/science/article/covid-19-will-likely-be-with-us-forever-heres-how-well-live-with-itGoogle Scholar
Hollenbach, David. The Common Good and Christian Ethics. Cambridge, UK: Cambridge University Press, 2002.CrossRefGoogle Scholar
Hollenbach, David. ‘The Common Good and Issues in U.S. Politics: A Critical Catholic Approach’. Journal of Religion & Society, vol. 4, pp. 3346, 2008Google Scholar
Hollenbach, David. ‘The Common Good in a Divided Society’ (1999). Santa Clara Lectures. 20.Google Scholar
Hollenbach, David. ‘The Common Good Revisited’. Theological Studies 50 (1989): 7094.CrossRefGoogle Scholar
Johnson, James Turner. Ethics and the Use of Force: Just War in Historical Perspective. England: Ashgate Publishing, Ltd., 2013.Google Scholar
Kupferschmidt, Kai and Cohen, Jon. ‘China's Aggressive Measures Have Slowed the Coronavirus. They May Not Work in Other Countries’, Science.org. March 2, 2020. Accessed April 4, 2022. https://www.science.org/content/article/china-s-aggressive-measures-have-slowed-coronavirus-they-may-not-work-other-countries.CrossRefGoogle Scholar
Keys, Mary M. Aquinas, Aristotle, and the Promise of the Common Good. Cambridge: Cambridge University Press, 2006.CrossRefGoogle Scholar
Mandavilli, Apoorva. ‘The Price for Not Wearing Masks: Perhaps 130,000 Lives’, The New York Times, October 23, 2020, https://www.nytimes.com/2020/10/23/health/covid-deaths.html.Google Scholar
Maritain, Jacques. Man and the State. Washington, D.C.: Catholic University of America Press, 1998.Google Scholar
Maritain, Jacques. ‘The Person and the Common Good’, The Review of Politics.Google Scholar
Maritain, Jacques. The Rights of Man and Natural Law. London Geoffrey Bles: The Centenary Press, 1944.Google Scholar
Miller, Andrew Mark. ‘Ron Paul calls on Trump or “the people” to fire Anthony Fauci’, Washington Examiner, April, 10, 2020, https://www.washingtonexaminer.com/news/ron-paul-calls-on-trump-or-the-people-to-fire-fauciGoogle Scholar
Morton, Victor. ‘Evangeline Lilly rejects social distancing: “Some people value freedom over their lives”’, The Washington Times, March 19, 2020, https://www.washingtontimes.com/news/2020/mar/19/evangeline-lilly-rejects-social-distancing-amid-co/Google Scholar
Polantz, Katelyn and Carrega, Christina. ‘Barr says calls for coronavirus lockdown are the “greatest intrusion on civil liberties” other than slavery in US history’, CNN, September 16, 2020, https://www.cnn.com/2020/09/16/politics/barr-justice-department-speech/index.html.Google Scholar
Price, Anna and Myers, Louis, ‘Federal, State, and Local Government Responses to COVID-19’, Library of Congress, November 2020, https://www.loc.gov/law/help/covid-19-responses/us.php.Google Scholar
Reichberg, Gregory. Thomas Aquinas on War and Peace. Cambridge: Cambridge University Press, 2017.Google Scholar
Rachel, Roubein and Kapos, Shia, ‘How 9 governors are handling the next coronavirus wave’, Politico, November 11, 2020, https://www.politico.com/news/2020/11/25/governors-coronavirus-next-wave-438821Google Scholar
Scully, Edgar. ‘The Place of the State in Society according to Aquinas’, Thomist 45 (1981): 407429.CrossRefGoogle Scholar
Sharp, Rachel. ‘Gov Ron DeSantis says people are flocking to Florida because they're sick of “draconian lockdowns” - as he boasts that home sales are up 22%, taxes are low and schools are open (but ignores fact state has fourth worst COVID death toll in America)’, Daily Mail, January 5, 2021, https://www.dailymail.co.uk/news/article-9116791/Ron-DeSantis-says-people-fleeing-Florida-theyre-sick-draconian-lockdowns.html.Google Scholar
Snouwaert, Jessica. ‘2 medical experts estimate 90% of coronavirus deaths in the US could have been avoided if everyone started social distancing on March 2’, Insider, April 15, 2020, https://www.businessinsider.com/coronavirus-deaths-us-could-avoided-by-social-distancing-sooner-experts-2020-4.Google Scholar
Stone, Will. ‘Lessons From The COVID-19 Crisis: Overcrowding Hospitals Cost Lives’, NPR, March 18, 2021, https://www.npr.org/sections/health-shots/2021/03/18/974861952/lessons-from-the-covid-19-crisis-overcrowding-hospitals-cost-livesGoogle Scholar
Tierney, Brian. The Idea of Natural Rights: Studies On Natural Rights, Natural Law, and Church Law, 11501625. Grand Rapids, Mich.: William B. Eerdmans, 1997.Google Scholar
Twiss, Sumner. ‘Reflections on the Relationship Between Human Rights and Global Ethics’ in Multi-Religious Perspectives On a Global Ethic: In Search of a Common Morality. Eds. Renaud, Myriam and Schweiker, William. Abingdon, Oxon: Routledge, 2020.Google Scholar
United Nations. Universal Declaration of Human Rights. 1948. http://www.un.org/en/universal-declaration-human-rights/Google Scholar
U.S. Department of Defense, ‘Coronavirus: Operation Warp Speed’, https://www.defense.gov/Explore/Spotlight/Coronavirus/Operation-Warp-Speed/.Google Scholar
Xutong, Wang, Pasco, Pasco Remy F, Du, Zhanewi, Petty, Michael, Fox, Spencer J., Galvani, Alison P., Pigone, Michael, Claiborne Johnson, S., and Meyers, Lauren Ancel. ‘Impact of Social Distancing Measures on Coronavirus Disease Healthcare Demand, Central Texas, USAEmerging Infectious Diseases. 2020;26(10):2361-2369. https://doi.org/10.3201/eid2610.201702CrossRefGoogle Scholar
Wolf, Colin. ‘Florida spring breaker who doesn't care “if I get corona” apologizes for being dumb’, Orlando Weekly, March 24, 2020, https://www.orlandoweekly.com/Blogs/archives/2020/03/24/florida-spring-breaker-who-doesnt-care-if-i-get-corona-apologizes-for-being-dumbGoogle Scholar