Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Mar 23, 2026 12:10 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
Good politics, bad policy
mentary from the Tax Foundation looks at government subsidies for the construction of a new stadium for MLB’s Washington Nationals. Analyst Eric A. Miller writes, “Funding a new stadium in the District may be good politics, but it is bad public policy. Major League Baseball will be laughing all the way to the bank while D.C. residents will find that they get much less than they were promised — and paid for.” HT: ...
The magic of price controls!
In case you haven’t noticed, the price of gasoline has been going up lately. And, with all the predictability of the swallows returning to Capistrano, the cry has gone up from certain quarters of society for the government to do something about the situation. Unfortunately for consumers in paradise, the State of Hawaii has decided to respond to that demand by instituting price caps on gasoline. The price caps, which will be instituted on September 1, are the result of...
Back to school, back to parents
As the new school year begins, Anthony Bradley reflects on the role of the parent in creating educational success. “Overall, children in loving, stable two-parent homes have an academic and social advantage over those who do not,” he writes. Read the full text here. ...
On Prof. Ratzinger
There have been countless analyses of Pope Benedict’s recent trip to World Youth Day in Cologne. But when es to looking at what the Pope actually says and does, no pares to Sandro Magister, who writes for the Italian publication L’Espresso. Check out his latest post, “After Cologne: The Remarkable Lesson of Professor Ratzinger” here. It concludes with links to the texts of the Pope’s speeches, all of which are worth reading. Unlike most other journalists, Magister focuses on what...
Et tu, Brute?
I was wondering how long it would take for this to happen. The acceptability of Google’s politics and public persona could only insulate it from the requisite corporate suspicion for only so long. In today’s New York Times, Gary Rivlin writes of growing distrust of Google: “instead of embracing Google as one of their own, many in Silicon Valley are skittish about its size and power. They fret that the very strengths that made Google a search-engine phenomenon are distancing...
Sins of omission
Food aid destined for Zimbabwe is still stuck in South Africa Harare (ENI). At least 37 tonnes of food aid sent by the South African Council of Churches (SACC) to benefit victims of Zimbabwe’s internationally condemned “clean-up” operation are still in South Africa due to Zimbabwe government red tape that has held up the shipment for more than two weeks. The aid includes staples such as white maize, sugar beans and cooking oil. “All the paperwork has been submitted. We...
United Churches of Castro
The National Council of Churches has had a rough ride in recent months with its Orthodox Christian constituency. The Antiochian jurisdiction has formally pulled out, citing a politicized agenda, and the Orthodox Church in America, which traces its roots to the Russian church, has been debating a similar move. In an article on Front Page magazine, Rev. Johannes Jacobse takes a detailed look at the hard-left politics of the NCC and its long history of munist despots. In “United Churches...
Restoring the balance
My sense is that the balance between political activism and personal evangelism among American evangelical leaders is often out-of-whack. A perfect example is the fight over FCC regulation of decency in the media. A huge cadre of evangelical leaders seem to rely primarily on political intervention and lobbying to fight indecency. This puts the cart before the horse. “Indecency” nearly always means some perceived illicit sexual content, so let’s look at how evangelical Christians are fighting pornography as a prime...
A divine tipping point
“America has never been a Christian nation. America was founded on an attempt to integrate Judeo-Christian values with Enlightenment ideas of self-government. What I’m envisioning is a divine tipping point or critical mass.” So says Richard Land, president of the Ethics and Religious Liberty Commission of the Southern Baptist Convention. He was discussing his new book, Imagine! A God-Blessed America: How It Could Happen and What It Would Look Like, and was responding negatively when asked whether his book’s thesis...
A blessing in disguise
I’ve talked before about plexities of government funding before with regard to the abstinence-program called the Silver Ring Thing. Now, on the heels of an ACLU suit, SRT is being faced with a cut-off in federal funding. The AP reports that the SRT may be in violation of Department of Health and Human Services regulations for not adequately separating “worship, religious instruction or proselytization” programs from the government-funded services. A letter signed by Harry Wilson, missioner of the Family and...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved