Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Mar 19, 2025 9:01 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
The President’s council on bioethics
Here’s a list of the current members of the President’s Council on Bioethics, whose interest area is sure to e more and more important ing years, courtesy The Thing Is. ...
Good intentions aren’t enough
Rev. Robert Sirico spoke with Frank Beckmann today on Detroit-based WJR about faith and politics, emphasizing the proper role of religion in society as providing a solid moral foundation with which to approach political, social, economic decisions. Sirico also talks with the emergence of what Pope Benedict XVI refers to as the dictatorship of relativism – an idea which views the expression of religion as an impedance on liberty – and suggests an understanding of the integration between faith and...
Complexities of government funding
Thorny issues arise when non-profits take government funding, especially when said non-profits have an explicitly Christian (and evangelistic) purpose. Case in point: “The American Civil Liberties Union filed suit yesterday against the Department of Health and Human Services, accusing the Bush administration of spending federal tax dollars on an abstinence education program that promotes Christianity,” aka Silver Ring Thing. I first heard about the Silver Ring Thing via a special documentary broadcast on NPR, “With This Ring: Pledging Abstinence.” All...
The smoking culture
This story from The Boston Globe (via Arts & Letters Daily) relects on the changing place of tobacco in contemporary American society. The efforts of various municipalities and anti-smoking activists have largely managed to turn the cigarette into a symbol of knavery rather than gentry. As A.S. Hamrah recounts, “Smokers were once thought to make the best conversationalists, the best soldiers, even the best husbands.” The merits of tobacco have been celebrated, for example, by J.R.R. Tolkien in his Lord...
Freaks and chimeras
My more detailed response to last week’s NYT editorial defending chimera research is posted over at WorldMagBlog. ...
Who wants the EU?
Political leaders in Europe who have tied their fortunes to the creation of the new EU superstate are now dismissing the growing sentiment against the metastasizing, power-hungry bureaucracy in Brussels as “whims of changing opinion polls or referendums.” That’s from German Chancellor Gerhard Schroeder, who finds it increasingly difficult to bully his countrymen into the deal. Here’s how a story in Der Spiegel describes the mood of voters: Citizens are quickly ing wary of the transfer of power to a...
Mayorial mischief
In a row over the Freedom of Information Act, Detroit mayor Kwame Kilpatrick‘s administration has finally acknowledged expense information first requested by media outlets nearly two years ago. According to the Detroit Free Press, documents were turned over last month, “But in dozens of instances, pages were missing, or information on the city-supplied records was blacked out.” Now that the Free Press has obtained unedited plete copies of the parison of the two sets of papers shows, “The information blacked...
E-Libraries
A story in the Sunday New York Times highlighted the move of the undergraduate library at the University of Texas at Austin to a predominantly electronic collection. mon reference materials like dictionaries will remain in hard copy, all other stacks of books “will be dispersed to other university collections to clear space for a 24-hour electronic mons, a fast-spreading phenomenon that is transforming research and study on campuses around the country.” This move should not be taken as indicative of...
Rev. Gerald Zandstra takes leave from Acton
Rev. Gerald Zandstra, director of programs at the Acton Institute, has taken a leave of absence to enter the race for the U.S. Senate. This story quotes Jerry, and sizes up the campaign. ...
‘Differences between being an Evangelical and being a Republican’
An excellent reflection on the role of Christianity and its relation to political loyalties from Joe Carter at the evangelical outpost (no longer online). The key conclusion: “As a fellow traveler of the GOP, I find myself walking side by side with the party toward the same goals. But at other times our paths will diverge and I must follow where my conscience as a Christian conservative leads me. After all, to stand with Christ means that I can’t always...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved