Andrew Jason Cohen

All posts by Andrew Jason Cohen

Andrew Jason Cohen is Professor of Philosophy and Founding Director of the PPE Program at Georgia State University. He is the author of Toleration and Freedom from Harm: Liberalism Reconceived (Routledge, 2018) and Toleration (Polity, 2014) as well as numerous articles. Increasingly, he is looking at toleration (or the lack thereof) in our system of criminal law, in business ethics, & other fields of applied ethics as well as at issues relating to free speech and civil discourse. He blogs at https://prosociallibertarians.com; he previously blogged at http://www.bleedingheartlibertarians.com/. (See www.AndrewJasonCohen.com and https://philpeople.org/profiles/andrew-jason-cohen)

Given the big issues we face today—COVID-19 and BLM as well as reactions to both—I thought I’d make my first post about a COVID-19 issue: masks (really: face-coverings). I’ve seen and heard a lot of discussion about wearing masks. Some condemn anyone unwilling to wear one; others condemn anyone wearing one. Each group seems to consider the other sheeple. And both seem often to confuse beliefs in moral requirements with beliefs about legal requirements.

Here’s my view: most of us should—that is, I think most of us are morally required to—wear a mask anytime we go into an enclosed space with others. The reason is simple and straightforward: wearing a mask is likely the best way to reduce the spread of COVID-19. (See this Nature article.) Why does this matter? On my view, simply because we have a moral duty to try to not harm others and spreading COVID-19 is a way of harming others.

Many who oppose mask-wearing (and mask-wearers) claim to suffer when they don a mask, indicating difficulty breathing. That sort of claim is best saved for the protests against police officers actually preventing someone from breathing. Face coverings don’t significantly reduce your oxygen intake. (See this amusing piece.) If they did, surgeons wouldn’t be able to wear masks for hours as they do. Still, if you have a genuine medical condition that makes wearing a mask burdensome, the duty to protect yourself by not wearing one likely outweighs the duty to others. I’m not sure what sorts of medical conditions do this, but there certainly may be some (and no one should have to prove they have such a condition). Unfortunately, the sort of racism that might result in real risks to your life if you are African-American and that could be compounded by wearing a mask, gives the same good reason not to. Simple discomfort does not. People wear seatbelts in cars and planes even with whatever discomfort they cause—without complaint—for good reason.

To be clear, I don’t advocate wearing masks outside unless you are in a crowd. The odds of outdoor transmission when you are alone or with your regular intimates is low. (See this Forbes piece.)

Importantly, nothing I said thus far indicates endorsement of a legal requirement. On my view, a legal requirement should only be instituted if we have clear evidence that significant harm is likely to otherwise be imposed on non-consenting others. This is so in large part because a legal requirement involves state power and the force it brings—which should only be used sparingly. Whereas some harm is likely caused if you don’t wear a mask indoors when others are present for more than a short time, the harm is somewhat limited and, on the assumption that others are there voluntarily, not imposed on non-consenting others. However, because the results are extreme for the elderly and those with certain pre-existing conditions, it seems reasonable to legally require masks for anyone entering hospitals, assisted living facilities, etc (where, moreover, the residents can not easily leave). That something isn’t legally required and oughtn’t be legally required does not mean you oughtn’t do it. Apologies for broken promises, e.g, aren’t legally mandated, but are nonetheless morally required or at least advisable. So, wear a mask indoors when others are present. (And if the evidence I’m aware of changes, my thinking about legal requirements might also change.)

It’s also important to remember that private business owners have the (moral) right to require masks in their establishments. Or to forbid wearing masks therein. If you enter a private business, abide by their rules. If you can’t, don’t go into that establishment. And don’t feel insulted or make a fuss because they are insisting on something you disagree with. You make the rules in your house, they make the rules in theirs.

So wear a mask inside when others are likely to be there but don’t advocate for a law—we have too many of them anyway.

ADDITION, 7/22/2020: worth looking at: https://pws.byu.edu/covid-19-and-masks?fbclid=IwAR13dVryaD6RJbEXd4p_KjllGvuCjCh9qBOphqG8X0d5uK6-lu1QzJMLnGo

As many of you know, the Bleeding Heart Libertarians blog ran from 2011-2020. At least two blogs are taking up elements of BHL’s project. If you haven’t checked out http://200proofliberals.blogspot.com, we highly recommend it. This, though, is Radical Classical Liberals. Welcome.

A view like that (re)developed and encouraged on BHL is needed in the blogosphere, in academia, and in our broader culture. This blog will provide that—a classical liberal view that maintains a clear and unapologetic concern for the plight of the less fortunate—at a point in time when it seems the world is finally being forced to take those concerns seriously. Importantly, we’ll do so in a way meant to encourage greater civil dialogue. We hope to provide a counter to the sound bite culture so prevalent in contemporary media; we do so in order to provide greater understanding—both to our readers and to ourselves.

We are all academics with an interest in encouraging more informed, reasoned, and civil discourse outside academia as well as inside. A majority of us here are philosophers, some are law professors, some are political scientists, and one is a business professor. Many of us take the original classical liberals—thinkers like John Locke, Adam Smith, and John Stuart Mill—as intellectual heroes. Some also favor Aristotle or Kant. On our pages, you might read about those famous denizens of the history of thought. You might also read about some unfortunately lesser known thinkers—Frédéric Bastiat and Voltairine de Cleyre, for examples. And you may read about difficult issues in academic debates. Most of what you’re likely to see on these pages, though, will be comments about social, legal, moral, and political issues in our society. You are likely to encounter arguments for specific views that one or more of us think follow from our classical liberal commitments. We may also argue with each other about these.

Our hopes for the blog are varied. They include showcasing the attractiveness of dynamic markets and anti-authoritarian solutions to contemporary problems, how these are often the best hope for those concerned with issues of deprivation, exclusion, and subordination, and how, far too often, government solutions are more pretense than substance. We are all concerned to show how freedom (we may disagree about what that is) goes hand in hand with prosperity for all. Putting that differently, we all recognize the value of markets and social justice on some understanding that recognizes (minimally) the basic moral equality of all human adults. Within that framework, our opinions are likely to vary considerably.

We hope to appeal to those who are curious about moral, legal, political, and social thought. While we all have our own existing biases, we hope to be able to bracket our prior beliefs and argue from acceptable premises to important conclusions—all with respectful and reasoned discussion. No doubt you will sometimes disagree with us. We hope to remain intellectually honest, open-minded, and charitable—and to show the value of those virtues.

So, welcome to the blog of Radical Classical Liberals.

Owning Civil Discourse and Social Justice