Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Mar 24, 2026 8:30 AM

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
Jesus Christ, a Small Businessman at Work
Mark Tooley of IRD highlights a talk by Michael Novak, “Jesus Was a Small Businessman.” Speaking to students at the Catholic University of America, Novak observed: When he was the age of most of you in this room, then, Jesus was helping run a small business. There on a hillside in Nazareth, he found the freedom to be creative, to measure exactly, and to make beautiful wood-pieces. Here he was able to serve others, even to please them by the...
The Hayekian Liberty of Ender’s Game
My conversion into a fan of science-fiction began with an unusual order from a member of the Joint Chiefs of Staff: “Each Marine shall read a minimum of three books from the [Commandant’s Professional Reading List] each year.” Included on the list of books suitable for shaping the minds of young Lance Corporals like me were two sci-fi novels: Robert Heinlein’s Starship Troopers and Orson Scott Card’s Ender’s Game. I soon discovered what lay hidden in these literary gems. Along...
Is Being Bossy Bad?
The newest celeb campaign ing out against bullying, getting kids to eat their veggies and to go outside and play) is to stop women from being bossy. Actually, what they seem to want to do is ban the illusion of bossiness; that is, men are leaders and women are bossy. Well, that’s silly. And bossy. (yes, it’s a real website) says: When a little boy asserts himself, he’s called a “leader.” Yet when a little girl does the same, she...
Diversity, Inclusion And Conversation: But Only If You’re Just Like Us
The definition of “diversity” is “the condition of having or posed of differing elements : variety; especially : the inclusion of different types of people (as people of different races or cultures) in a group or organization.” It appears, however, that diversity for some folks mean “only if you agree with or are just like us.” In Olympia, Wash., South Puget Sound Community College’s Diversity and Equity Center planned a “Happy Hour” for staff and employees in order to discuss...
‘Stop Being Poor’
Admittedly, “stop being poor” sounds a bit like “let them eat cake.” The remark was made by Todd Wilemon, a managing director at NYSE Euronext, when he was asked what people should do if they could not afford health insurance. “Stop being poor,” was his answer. Callous? Crude? Mean? Not really. Kevin D. Williamson explains how the ineptly-named Affordable Care Act isn’t providing insurance for all who can’t afford it. Appropriating a certain amount of money and labeling it “health...
Our Sad Sex Economy
As much as progressives balk at the “imposition” of religious morality and the church in public and social spaces, secular humanism’s moral relativism is not working in America and continues to leave children vulnerable to profound evil. For example, the Urban Institute recently released a report on the economy of America’s sex industry — and the numbers are astounding. The Urban Institute’s study investigated the scale of the mercial sex economy (UCSE) in eight major US cities — Atlanta, Dallas,...
A Father’s Lesson in Being Rich
Daniel Yam brings us a story of a boy who is not proud of his father, until he learns what it really means to give without expecting anything in return. (Via: Neatorama) ...
Whose Higher Ed Bubble Will Burst?
College Freshman Consider the following (emphasis added): “Higher education is an industry in danger,” says Clayton Christensen, the Harvard Business School guru and a senior advisor (unpaid) at Academic Partnerships. “It’s very plausible to say that 15 years from now half of the universities that exist will be bankrupt and in some fundamental way facing extinction and the need to totally change themselves.” (Caroline Howard, “No College Left Behind,” Forbes, 2/12/14) Richard Lyons, the dean of University of California, Berkeley’s...
Scarlett Johansson, Oxfam, and ICCR Shareholders
Enough time has passed for this Denver Broncos fan to address a kerfuffle surrounding this year’s Super Bowl. I’m writing, of course, about Hollywood siren and liberal activist Scarlett Johansson, who appeared in a Super Bowl mercial to the chagrin of international charity Oxfam for which the otherworldly beauty served nine years as official spokesperson. Oxfam, listed in the Interfaith Center for Corporate Responsibility’s 2014 Proxy Resolutions and Voting Guide “Guide to Sponsors,” told Johansson she had to choose between...
Charles Koch on Cronyism
You are unlikely to find a pair of siblings who are both as admired and reviled as the Koch brothers. Charles and David Koch are billionaire philanthropists, heads of the nation’s second largest pany, and activists who promote libertarian causes. To many on the right, the brothers are virtuous champions of liberty. To many on the left, the duo is the greatest threat to humanity since global warning (which some on the left would directly attribute to the Kochs). Both...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved