Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Jun 30, 2025 7:24 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
re: Environmental indulgences
Follow up thought, Kevin: Church indulgences had their roots in cheerful giving. Lots of cheerful “carbon giving” going on right now too; in fact, I’d call it downright prideful (which is why giving to God always had this condition on it). That cheerful giving morphed into aguilt-giving, and was ultimately mangled by the Guardians of Truth intoਊ pulsory tax on the faithful. Will we see a similar pattern emerge here? Would not be surprised. Nor would I expect such a...
T-U-R-T-L-E power
This might just be the best argument for increasing the minimum wage that I’ve heard yet: It’s just not fair that Michelle needs to go deep in hock to “feed her Ninja Turtle obsession,” is it? Well, maybe such an “obsession” leads to making poor economic decisions, but to each her own I guess. How sad. In related news, the newest TNMT movie is set for release on March 23, 2007. ...
Material goods and “The Pursuit of Happyness”
In this week’s Acton Commentary, I review Will Smith’s latest movie, The Pursuit of Happyness, which stands as an extended argument underscoring the truth of conservative values. This may sound like an improbable anomaly given the traditional political, ethical, and social allegiances of Hollywood, but the power of the story lies in its basis in fact, the real-life story of Christopher Gardner. This in turn prevents it from being appropriated as a tool for liberal political ideology. The movie’s depicts...
European Union releases comic book; EU unintentional comedy production skyrockets
“We noticed that they took the umbrellas and the pens, but threw away the policy leaflets before they walked out of the door.” You don’t say? It’s the weekend; I can get away with a post like this on the weekend. Update: “If all the legislation the EU has passed were laid out lengthways it would be over 120 miles long, whilst legislation currently in force would be 31.7 miles long.” ...
The right to a religious education
Sen. Dave Schultheis of Colorado has “proposed a ‘Public Schools Religious Bill of Rights’ bat what he calls mounting, nationwide violations of students’ and school staffs’ constitutionally protected religious freedom.” Without endorsing any particular elements of Schultheis’ bill, I have to admit that I have actually considered writing a piece on an idea like this before, a students’ bill of rights which includes the right to learn about God. It strikes me that for people who are religious, the current...
Bainbridge on the Boston Scare: ‘Triumph of capitalism’
Prof. Bainbridge on the hijinks of the Boston duo responsible for the now infamous ad campaign for Adult Swim: “These guys validate my life’s work: They confirm that corporations rule the world and are therefore a worthy subject of study.” Here’s the rather incredible press conference, where almost every question is answered with, “Sorry, that’s not a hair question.” The best part is when a reporter actually gets them to address the situation, if even in a somewhat round about...
Faith and international development at Calvin College
Received an announcement today about this event to be held later this week, “Faith and International Development Conference,” at Calvin College in Grand Rapids, Mich., from February 1-3. Check out the list of sponsors at the bottom of the page, including: Bread for the WorldMicah ChallengeOffice of Social Justice and Hunger Action Just a hunch, but I wouldn’t expect a lot of market-friendly perspectives to be included. ...
Environmental indulgences
Among the immediate causes of the sixteenth-century split in Western Christianity was the sale of indulgences. The theological crudity of this abuse was encapsulated in the venality of Dominican friar Johannes Tetzel, whose activities in Wittenberg riled Martin Luther. Tetzel allegedly preached “Sobald das Geld in Kasten klingt, die Seele aus dem Fegefeuer springt.” (“As soon as the coin in the box clinks, the soul out of purgatory springs.”) That slogan came to mind as I was reading Jay Nordlinger’s...
The Super Bowl and Christian freedom
This is, as millions already know, Super Bowl week. Nothing is hyped all across America quite like the Super Bowl. This game has reached amazing proportions when es to the viewing audience and mercialization. It is a stunning piece of popular culture and one doesn’t know whether to weep about it or celebrate. Some pietistic folk see this as clear evidence that there is little real difference between us and the ancient Romans in the Coliseum. Others think this is...
The labeling conspiracy is expanding
It looks like Julianne Malveaux is going to have to expand plaint against the labeling of milk to a whole new spate of products, including yogurt. It may be that the whole scope of ing from the dairy industry is going to be affected. Here’s the label off a yogurt container that I ate out of last week: Malveaux is concerned that this kind of labeling, which she argues deceives the consumer into thinking that the product approximates “organic” certification,...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved