Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Mar 10, 2026 2:42 PM

When es to our view of individual liberty, one of the most unexplored areas of distinction between libertarians and religious conservatives* is how we view neutrality and bias. Because the differences are uncharted, I have no way of describing the variance without resorting to a grossly simplistic caricature—so with a grossly simplistic caricature we shall proceed:

Libertarians believe that neutrality between the various spheres of society—and especially betweenthe government and the individual—are both possible and desirable, and so the need for bias toward a certain e is not only unnecessary, but contrary to liberty.

Religious conservatives, in contrast, recognize that such neutrality between individual and social spheres is illusory and that bias is an intractable aspect of human nature.

If these caricatures are generally appplicable (as I believe they mostly are), then it helps to explain how libertarians and conservatives can use language that is similar—if not exactly the same—and e to wildly different conclusions.

For example, over a decade ago David Boaz of the Cato Institute helpfully defined the Key Concepts of Libertarianism. One of these key concepts is the “rule of law”:

The rule of law means that individuals are governed by generally applicable and spontaneously developed legal rules, not by mands; and that those rules should protect the freedom of individuals to pursue happiness in their own ways, not aim at any particular result or e.

I choose this example because it is a statement that, on initial examination, conservatives and libertarians would generally agree with. The reason for this, I believe, is that conservatives have largely adopted the libertarian way of framing such concepts. However, once we consider the statement in the light of the different views of bias and neutrality we can better understand why it is self-contradictory.

Let’s start with the claim that individuals are governed by legal rules that are “spontaneously developed.” While we can all agree that such legal rules should be applied neutrally and without bias (that is, generally speaking, what we mean by the rule of law), they are not “spontaneously developed” by a neutral and unbiased method.

All legal rules are made by humans and filtered through human institutions, such as courts and legislatures. They are therefore subject to the various biases of the people who develop the legal rules.

As the judge and legal scholar Richard Posner has said, if judges are not introspective, their candor will not illuminate the actual springs of their decisions. When asked to explain ment he replied:

If a case is difficult in the sense that there is no precedent or other text that is authoritative, the judge has to fall back on whatever resources he has e up with a decision that is reasonable, that other judges would also find reasonable, and ideally that he could explain to a layperson so that the latter would also think it a reasonable policy choice. To do this, the judge may fall back on some strong moral or even religious feeling. Of course, some judges fool themselves into thinking there is a correct answer, generated by a precedent or other authoritative text, to every legal question.

What Posner is saying is that the legal rules that we think are “spontaneously developed” are often influenced by “strong moral” or “religious feeling.” plicates Boaz’s claim that these rules should,

. . . protect the freedom of individuals to pursue happiness in their own ways, not aim at any particular result or e. [emphasis added]

If the rules are biased in favor of a particular moral or religious feeling, then they are biased in favor of a particular result or e and are likely to be unsuitable for protecting the freedom of individuals to “pursue happiness in their own way.”

To take an example from the realm of bioethics, if a judge is influenced by his “religious feeling” that human life has an intrinsic dignity, then it can lead him to develop legal rules that hinder individuals from pursuing happiness in their own way (e.g., having an abortion).

When libertarians recognize this truth (which happens too infrequently) they search for ways to do the impossible: remove the human bias from the system. Or, more precisely, what they prefer is to add more libertarian bias into the system since for their conception of the rule of law to be coherent requires that the majority share the exact same bias toward the ideal of unfettered individualistic pursuit of self-defined happiness.

Needless to say (at least saith the conservatives), that ain’t gonna happen.

As I mentioned earlier, conservatives generally recognize that such neutrality is illusory and that bias is an intractable aspect of human nature. This puts us about a half-step ahead of our libertarian cousins, for while we e to the recognition more quickly we are left with the same need for everyone (or at least the majority of folks) to share our bias in order to get what we prefer.

(This is partially why conservatives are in favor, as G.K. Chesterton said, of giving votes to the most obscure of all classes, our ancestors. By including the “democracy of the dead” we ensure we have a plurality on our side.)

Since libertarians and conservatives end up in the same place, desiring to immanetize the eschaton by getting everyone to share our general bias, why should we prefer the conservative position? Because conservatives are able, though not always willing, to harness bias and use it to our advantage by directing it toward ordered liberty—the only type of liberty that is sustainable.

By placing an overemphasis on individual liberty without an equal accent on individual virtue, the libertarian unwittingly erodes the foundation of order on which her political theory stands. Order is a necessary precondition of liberty and must be maintained from the lowest level of government (the individual conscience) to the highest (the State). The individual conscience is the most basic level of government and it is regulated by virtues. Ordered liberty, in this view, is not an end unto itself but a means by which eudaimonia (happiness or human flourishing) can most effectively be pursued. Liberty is a ponent of virtue, but it cannot serve as a substitute.

Religious conservatives recognize that all institutions have a bias either toward or away from virtue and ordered liberty. We can either harness and direct the bias of institutions towards a free and virtuous society characterized by individual liberty and sustained by religious principles or we will lose both order and liberty. There is no neutral ground in which the seed of freedom can grow uncultivated.

*Throughout this post, the terms “religious conservatives” and “conservatives” are usedinterchangeablyto refer to political (though not necessarily theological) conservatives whose views are influenced and sustained by religious principles. The way I use the terms here will likely also apply to many people who would self-identify as “religious libertarians.” People are free to choose their own labels, of course, but I agree with Russell Kirk that “If aperson describes himself as “libertarian”because he believes in an enduring moralorder, the Constitution of the UnitedStates, free enterprise, and old Americanways of life-why, actually he is a conservative with imperfect understanding of thegeneral terms of politics.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Fortune 100 Companies Begin To Tackle Human Trafficking
The American Bar Association and Arizona State University’s McCain Institute and School of Politics and Global Studies have issued the first study of its kind: examining Fortune panies for policies regarding human trafficking and forced labor. The study also looked at whether or not Fortune panies had policies regarding conflict minerals (what are often referred to as “blood diamonds:” gems and minerals mined by children and/or forced labor.) The study is entitled, “How Do Fortune 100 Corporations Address Potential Links...
What Might Christian Economists Contribute?
The latest edition of Econ Journal Watch has a symposium, co-sponsored by the Acton Institute, on the question, “Does Economics Need an Infusion of Religious or Quasi-Religious Formulations?” In his essay “Joyful Economics“, Victor V. Claar reflects upon his life as a Christian and how it has connected to his work as an academic economist. Claar offers a few suggestions about the distinct contributions Christian economists can make in this field of study: First, Christian economists simply municate to the...
Religion In America: Accommodation, Not Coercion
The Supreme Court recently decided (in Greece v. Galloway) that the New York town of Greece had the right to open its town board meetings with prayer, and that this did not violate the rights of anyone, nor did it violate the Constitutional mandate that our government cannot establish a religion. The town, the Court found, did not discriminate against any faith, and there was no coercion to pray. We know that the Founding Fathers were not all Christians. However,...
Rationing by Rudeness
In an article in the Journal of Markets & Morality, Ryan Langrill and Virgil Henry Storr examine “The Moral Meanings of Markets.” They argue that “traditional defenses of the morality of the market tend to inadequately articulate the moral meanings of markets.” Such defenses tend to argue from practical, even pragmatic or utilitarian, grounds. But for Langrill and Storr, “markets depend on and promote virtue.” Evidence of this virtue in the marketplace, they argue, is that “consumers are often willing...
Right-to-Work and Human Dignity
Public policy wonks and economists frequently warn us to consider the unintended consequences of any given initiative. That would be good exercise when considering campaigns to raise the minimum wage and also calls to roll back “right-to-work” (RTW) legislation. The former presumably helps those on the lower rungs of the economic ladder, while the latter is castigated as an attack on unions’ right to collective bargaining and, therefore, harmful to middle-class workers. It follows then, that if one prioritizes economic...
The 10 Commandments Through A Contemporary Lens
Rabbi Benjamin Blech, Professor of Talmud at Yeshiva University, reminds us that the 10 Commandments are not only relevant in our world, but needed more than ever. Writing at , Rabbi Blech says the Commandments are both universal and timeless. The first Commandment is “I am the Lord your God.” (Yes, I know that there is a bit of a difference in the numbering of the Commandments between Jews, Catholics and Protestants. Since this is a Jewish author, we’ll go...
Explainer: What You Should Know About the EPA’s Proposed New Climate Rule
What is this latest news about an EPA rule change? On Monday, June, 2, the Environmental Protection Agency (EPA) issued a proposed rule change on “emission guidelines for states to follow in developing plans to address greenhouse gas emissions from existing fossil fuel-fired electric generating units.” Specifically, the EPA is proposing state-specific rate-based goals for carbon-dioxide emissions from energy producers (mostly from 600 coal-fired power plants) and setting guidelines for states to follow in developing plans to achieve new state-specific...
Richard Baxter on Private Meditation
Richard Baxter, profiled in the latest issue of Religion & Liberty, penned The Saints Everlasting Rest in 1647. In the book’s dedication, Baxter wrote that he had no intention of serving God other than preaching. But he recalled, “sentenced to death by the physicians, I began to contemplate more seriously on the everlasting rest which I apprehended myself to be just on the border of.” Baxter noted that because he was so near death that it quickened his “sluggish heart...
Loving the Hunt: Kuyper on Scholarship and Stewardship
In “Scholastica II,” a convocation address delivered to Amsterdam’s Free University in 1900 (now translated under the title,Scholarship), Abraham Kuyper explores the ultimate goal of “genuine study,” asking, “Is it to seek or find?” Alluding to academics who search for the sake of searching, Kuyperconcludes that “seeking should be in the service of finding” and that “the ultimate purpose of seeking is finding.” “The shepherd who had lost his sheep did not rejoice in searching for it but in finding...
How Enterprise Zones Lead to Cronyism
Barack Obama calls them Promise Zones while Rand Paul calls them Freedom Zones. But when they were first proposed they were called Enterprise Zones. In the 1980s, then-congressman and self-described “bleeding-heart conservative” Jack Kemp became the first lawmaker to popularize enterprise zones, which he supported to foster entrepreneurship and job creation. Enterprise Zone policies attempt to incentivize businesses to locate within their borders—usually in blighted urban areas—by offering targeted benefits to particular industries panies. These e in many forms, including...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved