With the ultimate goal of limiting interpersonal contact as much as possible, especially in order to prevent vulnerable members of society from contracting the virus, the situation presented by the spread of COVID-19 parallels a dilemma that I have previously identified in relation to people vaccinating for the sake of others (Kraaijeveld 2020). What could—or should—governments do in order to increase the uptake of vaccines that do not necessarily benefit most those who would take them, but which would contribute to protecting vulnerable members of society? On the one hand, governments could rely on people to realize the importance of vaccinating (e.g., against influenza) in order to help protect vulnerable others (e.g., the elderly or immunocompromised)—even if for many people, it is the case that they personally do not stand to benefit most from the vaccine (e.g., if they are healthy young people). On the other hand, governments could decide not to rely on people’s other-regarding motives in these matters. This becomes a more pressing issue when vaccination uptake is too low to establish or maintain herd immunity—that is, when people, left to their own inclinations, are not vaccinating sufficiently on the whole to achieve the public health goal of protecting vulnerable people.Footnote 6 Governments could then opt for a more proactive approach to vaccination, in order to explicitly increase vaccine coverage. This could be achieved through a range of methods, including more coercive measures (e.g., fines or exclusion from certain activities) and even compulsion. I have called an approach that leaves people free to decide to vaccinate for the sake of others an altruistic approach, while a more hands-on option, where governments are proactively involved in the decisions of citizens, I have called an indirect approach (Kraaijeveld 2020). In drawing a parallel to COVID-19, I will keep the term “altruistic” for the first kind of approach, while, for the sake of clarity, I will call the second kind “lockdown.”
These ideas from vaccination ethics will thus form the conceptual basis of the approaches that I describe in the following sections. Of course, once a vaccine for COVID-19 is found, this dilemma will readily present itself in relation to vaccines again. For, in order to protect those who are likely to suffer the most serious complications from COVID-19, a large number of those who are unlikely to suffer as much will likely need to be vaccinated (e.g., a sufficient number of younger people in order to establish herd immunity for those who cannot become vaccinated—like the immunosuppressed). This is an important subject for discussion, but one that I will not pursue here.Footnote 7
The dynamic that underlies the considerations behind vaccination and the potential approaches to vaccinating for the sake of third parties to which they give rise thus translates to the current situation, where governments try to decide how best to respond to the COVID-19 pandemic. However, instead of having to decide how to regulate vaccination so as to ensure that more vulnerable people are protected by those less so, the dilemma now centers on how to regulate the adoption of relevant curve-flattening measures toward the same end. In the face of COVID-19, how should governments act in order to safeguard society’s most vulnerable populations and maintain the functioning of health care systems?
I want to clarify that I do not wish to give the impression that there have been, or that there possibly are, only two ways in which governments could respond to the pandemic. The two approaches will, to some extent, serve as ideal types. That they should do so makes sense; although I will provide empirical examples to give real-world content to the approaches, my main purpose in conceptualizing them is normative, namely to provide an answer to the question of whether a lockdown approach is morally justified—and therefore should or should not be taken by governments—in light of an alternative, altruistic approach.
Within the larger scheme of things, what one finds is that the question of what governments ought to do to halt the spread of the novel coronavirus has concentrated on whether or not they ought to enforce a complete lockdown like China did in the city of Wuhan, or whether they should instead allow citizens to retain at least some degree of freedom of movement, decision-making about their activities, and so on. It is this question concerning the freedom of citizens—especially the freedom to engage in at least some non-essential activities—that I wish to capture through my discussion of the different approaches.
Lockdown Approach
Perhaps the most conspicuous approach to the COVID-19 pandemic has been the locking down of cities and even entire countries. The precedent of shutting down virtually all public life and of people being largely confined to their homes was set by Chinese authorities in the city of Wuhan. In Europe, Italy followed suit after experiencing the first major outbreak on the continent. Since then, a number of other countries around the world have opted to lock down. A lockdown, also known as a stay-at-home order, generally disallows all but the most essential activities for the general public (e.g., going to the supermarket, pharmacy, hospital). A great many aspects of regular public life will be affected, even while the operations of vital work and services will often be maintained. Public (and even private) modes of transportation will frequently be halted or reduced in numbers and/or operating hours, while restaurants, cafés, bars, shops, hairdressers, gyms, and numerous other places of public entertainment and services will frequently be closed. For my account, the shutting down of these public places and activities is not decisive in distinguishing the two approaches. The crucial element is whether citizens are free to stay home and to take at least some of the required COVID-19 measures upon themselves, or whether this is enforced.Footnote 8 An altruistic approach can be compatible, for instance, with the closing down of most public places, as long as citizens are still free to leave their homes for some non-essential activities. On the other hand, it appears unlikely that a lockdown approach would not entail much of public life grinding to a halt, given that citizens have to remain home in any case.
Importantly, a lockdown has to be enforced through state power in order to be effective, so that certain acts will become criminalized. Fines will be introduced, and the threat of detainment, arrest, and in some cases even jailtime will be utilized to ensure that citizens do not flout the terms of the lockdown (whatever these may be). In this way, a lockdown approach occupies an extreme point on a spectrum where on the other end lies a laissez-faire policy that allows people to do exactly as they otherwise would (i.e., before COVID-19).
The following examples are not meant to provide a complete list of all the countries that have so far enforced a lockdown, nor is it supposed to be exhaustive of all aspects of public and private life that have been affected. I focus on three particular countries that have taken lockdown approaches, in respective chronological order: China (specifically Wuhan), Italy, and France. My purpose in doing so is to illustrate the lockdown approach and to provide a general sense of what it involves.
One report describes the situation in Wuhan after the lockdown as follows. “The streets … are eerily quiet. The city of 11 million people, the center of the coronavirus outbreak, has been locked down since 23 January,Footnote 9 with all public transport, flights and trains suspended. ‘You pretty much don’t see anybody outside,’ says a man who lives in Wuhan… Private vehicles are banned in the downtown area. Highways are shut so residents aren’t able to leave the city” (Lu 2020, 7).
A similar picture emerges in Italy, which was the first European country to implement unprecedented lockdown measures so as “to restrict citizens’ mobility and try to contain the COVID-19 epidemic, rapidly escalating to more aggressive interventions to reduce social mixing and interrupt transmission chains,” through a range of policies “from school closure, advice against traveling or even banning non-authorized trips to and from areas with sustained transmission, university closure, ban of large-scale and public events, and then of any social gatherings, closure of museums, increasing restrictions on the opening hours of restaurants and bars, and encouraging or mandating smart/remote working whenever possible,” with nearly every day seeing “new and stricter policies … in an increasing number of Italian provinces” until finally, on March 10, “the whole country [was] under lockdown” (Pepe et al. 2020, 2).
In France, a lockdown was also instated. It became official on 17 March, and meant that “all non-essential outings [were] outlawed and [could] draw a fine of up to €135 ($148)” (Regan et al. 2020).
The upshot of these measures has been that, unless people have something justifiably urgent to do—and activities often do have to be justified, for instance by having to carry a document that indicates one’s reason for leaving home—people must remain inside their homes, at the threat of punishment.Footnote 10 That is, the behavior that is needed to flatten the curve (i.e., social distancing, self-isolation, and so on) becomes enforced. In this way, people are not, or no longer, free to act as they see fit given the situation. To clarify: people under lockdown can violate lockdown rules, thus exercising their agency to some extent. They are still free to not follow the lockdown rules, even though this will likely come at a significant cost (e.g., through fines or even arrest). They can still choose to accept whatever consequences are at stake. However, under a lockdown, people are no longer free to decide to follow the measures required to flatten the curve for the sake of other people. There is no real choice to do the right thing, when doing the right thing is enforced—when not doing the right thing means that you will be punished. This is an important point, for reasons that I will discuss in more detail later.
Altruistic Approach
Whereas a lockdown precludes all non-essential activities, an altruistic approach can in principle achieve the same goals of flattening the curve, while letting citizens keep at least some of their regular (i.e., pre-pandemic) freedoms. The term “altruistic” here refers not to the motives of the governments that would select such an approach—the approach itself is not altruistic—but to the space that governments leave citizens to behave in other-regarding ways that are necessary to prevent the spread of the virus. A different way of formulating it is that under a lockdown approach, citizens are compelled to act in ways that will collectively protect vulnerable others, while an altruistic approach allows citizens at least some freedom toward that end. This is an important difference between the two approaches, which is clearly relevant for any justification of the approaches from a public health ethics perspective.
When one speaks of altruism, the question of what exactly it means quickly arises. There is much debate in the philosophical and other literature about how to best understand the concept (Scott and Seglow 2007). I do not wish to get caught up here in a discussion about definitions. My conception of altruism is minimal; it involves doing something for someone else (or for a group of others) primarily for the latter’s sake. This will often entail taking on some kind of burden, which may be more or less significant. In extreme cases, altruism may take the form of self-sacrifice, but it does not have to. Some have argued that self-sacrifice is required for an act to be truly altruistic, but I disagree.Footnote 11 I think that doing something for others—primarily for their sake—even when this is done at the cost of only a relatively small burden, is properly understood as an altruistic act. Altruism is not necessarily heroic; if we reserve the notion only for heroic acts, then we will both find and be able to ask very little of it. More concretely, within the present discussion, altruistic behavior is exemplified by the things that people do to avoid spreading COVID-19, primarily for the sake of others (i.e., to protect vulnerable people, to lighten the burden on health care workers, and so on). Of course, self-interest will be involved. People do not wish to become ill themselves, and people want a properly functioning health care system for when they should require critical care. Yet stressing self-interest is unlikely to be sufficiently motivating across the board, because, as I have indicated earlier, the majority of people are not going to become very ill or die from the virus. Low-risk groups, like healthy teenagers, quite simply do not face the same stakes as the elderly or the chronically ill do when they are exposed to COVID-19. These groups of low-risk and otherwise mobile and active people would therefore stay home primarily for the sake of others.
While a lockdown approach tends to be categorical (either a lockdown is in place or it is not), an altruistic approach can vary in terms of how many restrictions are introduced—as long as some basic non-essential freedom-preserving activities are retained. It allows more variation and tweaking in terms of specific policies. A lockdown approach does not have this kind of leeway; it is the all in the all-or-nothing approach, as has been demonstrated by countries like China and Italy in their respective lockdowns. Importantly, an altruistic approach does not mean that everything remains as it was before the outbreak of the virus; the guiding assumption in light of COVID-19 has been that governments do need to take some kind of action to curb the spread of the virus. An altruistic approach means that governments do proactively engage the public with regard to the importance of taking measures to flatten the curve, so as to protect vulnerable people and health care systems.Footnote 12 Knowledge about the coronavirus and about the measures that can be taken against its spread needs to be disseminated among the public. In fact, for the approach to be properly altruistic in my sense of the term, and not simply a hands-off approach, governments have to stress precisely what citizens could and ought to do in order to flatten the curve and to help one another get through the pandemic.
When an altruistic approach is adopted, citizens are left free in some ways, then, to act responsibly. This remaining freedom could be something as relatively small (yet still significant) as being allowed to go outside for a leisurely stroll whenever one wants, rather than merely to perform a narrowly defined goal-directed activity, like going to the supermarket or pharmacy. These still-allowed activities can be paired with suitable guidelines, like making sure to keep an appropriate amount of distance from other people (e.g., the 1.5-meter rule). Again, the crucial point is that people are still allowed to do things in public spaces that are not very narrowly defined as essential.
The altruistic approach maps onto some policies that countries have already taken in response to COVID-19. In the Netherlands, for example, the National Institute for Public Health and the Environment (RIVM) has formulated three potential approaches to combat COVID-19 as part of their advice to the Dutch House of Representatives. These approaches are as follows: (1) no intervention, (2) maximum control, and (3) lockdown.Footnote 13 The approaches that I have described roughly correspond to the latter two, with a lockdown being equivalent to my conception of it, and a “maximum control” approach resembling an altruistic approach in the demands that it makes of citizens and the freedom that it leaves them. I do not describe taking no action (no intervention) as an approach, because I think that it is clear that some intervention is required by governments of countries where infections have appeared. A discussion of the morality of taking no action whatsoever would seem to me to be rather short: it is the wrong approach. Even in a country like Sweden, which has taken a relatively hands-off approach to COVID-19 (leaving most public places open), the government has nevertheless been proactive with regard to communicating the need for social distancing. This highlights the need for governments to robustly inform and engage with the public when opting for an altruistic approach.
At the time of writing, the Netherlands has decided against a lockdown and has opted for maximum control or, in the current terminology, an altruistic as opposed to a lockdown approach.Footnote 14 The dual goal of this approach is to protect vulnerable groups of people and to maintain the integrity of the health care system, which it aims to accomplish without locking down.
Under an altruistic approach, governments should stress the importance of solidarity and of helping others, of the need to make sacrifices for the greater good, of taking personal responsibility for the necessary measures to protect oneself and others against the virus, and so on. Numerous means of persuasion and non-coercive measures to motivate citizens to act so as to flatten the curve can and should be employed. Such means have, in fact, been used widely and creatively in places like the Netherlands. Government and health officials have taken this line by publicly emphasizing the need for solidarity and by encouraging people to act responsibly, and through television commercials and social media have underscored the importance of staying at home and protecting others. In this way, an attempt was made to offer people (1) knowledge of what needs to be done (e.g., stay home as much as possible), (2) an understanding of why this is necessary, with an emphasis on altruism and solidarity (i.e., to help flatten the curve), and (3) a sense of personal responsibility to make sure that one adheres to the necessary measures and implements the required changes.
Of course, leaving people free to decide how to act can result in the desired behavior (i.e., altruism and solidarity), but it may also lead to undesired behavior (i.e., selfishness and disregard for public health measures). This is why it is not enough for a government to do nothing—there needs to be a proactive, guiding approach that makes it very clear what is being asked of people and why it matters that they pay heed to the advice. Desired norms should be accentuated, and, in all of this, relevant insights from social psychology and related disciplines can and should be utilized (cf. Van Bavel et al. 2020).
In Sweden, a relatively relaxed approach to COVID-19 has been taken, as schools, gyms, bars, and restaurants have been left open throughout the crisis to date. Nevertheless, the government has urged citizens to behave responsibly and to follow the proper social distancing guidelines (Rolander 2020). Sweden’s approach is considered paradigmatic for its lack of stringent measures. While there is some evidence that the Swedish COVID-19 approach was able to “achieve results highly similar to late-onset stringent mandates” (Kamerlin and Kasson 2020), there is also evidence that the relatively laissez-faire approach ultimately resulted in a significant increase in mortality especially among the vulnerable (Habib 2020). More data is required to ascertain the specific consequences of different approaches. For now, however, the Swedish case at least suggests that much can be achieved by means of voluntary measures (Kavaliunas et al. 2020).
The paths taken by the Netherlands and Sweden might appear very different if one focuses on public spaces, because in the Netherlands most restaurants and places of entertainment have been shut down in response to the coronavirus. However, my conception of an altruistic approach unites the two cases: while there has been more loss of freedom in the Netherlands compared to Sweden, fundamentally the two nations have taken the same approach by not opting for a lockdown, and by allowing people freedom of movement while at the same time emphasizing the need for people to be responsible and to show solidarity with others. It is important to keep this point in mind, especially throughout the following sections, where I will argue that it is ultimately better for governments to include stricter measures within an altruistic approach than to go so far as locking down.