Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Apr 3, 2026 2:55 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
Samuel Gregg: Crony Capitalist Predators
Acton’s Director of Research, Sam Gregg, discusses crony capitalism in today’s issue of The American Spectator. Gregg says 2014 looks to be the year of “inequality” economically-speaking, and that we must not forget the threat of crony capitalism. Crony capitalism is an expression that’s used a great deal these days, so let’s be clear what it means. Crony capitalism is not criminal activity or outright corruption — though it verges on, and often enters, these spheres. Crony capitalism is about...
Conservatives Should Welcome the Debate on Poverty and Income Inequality
“Today’s welfare state is largely the construction of decades of liberal political activism,” writes James C. Capretta. “If it is failing, and there is strong evidence that it is in many ways, then that is a stinging indictment of the liberal governing philosophy more than anything else.” He argues for more conservative activism on the poverty problem, particularly in education. An effective conservative critique of existing policies starts with the acknowledgement that a strong social safety net is a must...
Tax Policy and the Bible
Until the 2000s, the biblical view of tax policy in the both the Christian and Jewish traditions was neutral to conservative in the political sense, says historian Bruce Bartlett. Historically, the principal biblical tax concern has been is opposition to tax evasion. But in the last 10 years, says Bartlett, mentary on tax policy and the Bible has shifted in a more politically progressive direction: Theologian Charles E. Curran noted that historically, the Catholic Church has said very little about...
Audio: Sirico on Pope Francis and Catholic Social Teaching
On Monday afternoon, Acton Institute President Rev. Robert A. Sirico was a guest on “Faith, Culture, Politics: In That Order” on the Guadalupe Radio Network, which broadcasts primarily in Texas. Rev. Sirico engaged in an extended discussion of Catholic Social Teaching, with a great deal of time dedicated to Pope Francis’ particular style and emphasis in dealing with some of the more controversial matters of our time. You can listen to the interview via the audio player below. Update: The...
Four Christian Traditions on Faith, Work, and Economics
Through Christian’s Library Press, the Acton Institute has published four tradition-specific primers on faith, work, and economics, including Wesleyan, Pentecostal, Baptist, and Reformed perspectives. In a new video filmed by the Oikonomia Network, three contributors to the series discuss their respective approaches, examining a variety monalities and distinctions along the way. This unique blend of unity in Christ and diversity through tradition offers but a glimpse of the value and significance of these primers, particularly when absorbed and studied together....
No racial reconciliation without intersectionality and privilege
In 1988, Peggy McIntosh gave us “White Privilege: Unpacking the Invisible Knapsack” to expand our thinking about the reality that being born white in America means that one is free from a host of pressures and burdens that racial minorities have no choice but to face. In 1989, UCLA Law professor Kimberlé W. Crenshaw coined the phrase “intersectionality” to help us see that American life is best understood from an integrative perspective, emphasizing the intersection of several attributes like gender,...
Raising the minimum wage would help the poor, right?
have been calling for a raise in the minimum wage, and politicians are touting it. There’s even a website devoted to it (“Rebuilding an economy that works for all of us.”) But would raising the minimum wage really help the working poor? Economist David R. Henderson says no, it won’t. In a piece for the National Center for Policy Analysis, Henderson says there are two myths here. Most workers earning at or close to the minimum wage are not the...
Think Redistribution Is Great? Here Are A Few Questions For You
Are you a fan of redistribution? Do you think those with more money should willingly or unwillingly spread the wealth? Do you believe the government should step in and help with the redistribution process? Well, economist Donald Boudreaux has a few questions for you. Do you teach your children to envy what other children have? Do you encourage your children to form gangs with their playmates to “redistribute” toys away from richer kids on the schoolyard toward kids not so...
What If Buying Coffee Was Like Obamacare?
From The Federalist Papers: ...
Letter from Bangalore: Equality is God, and Compassion is its Prophet
I’ve just returned from Bangalore, where I attended a conference on “Bounds of Ethics in a Globalized World” at Christ University, which is run by the Carmelites of Mary Immaculate, the first Catholic religious order started in India. The headline attraction on the opening day was the appearance of the Dalai Lama and his remarks promoting “secular ethics.” This may seem ing from one of the world’s most famous religious leaders (and a monk, at that), but like his counterpart...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved