Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Mar 19, 2026 3:30 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
Acton Rome Office Hosts PovertyCure Conference for Seminarians
On Tuesday Istituto Acton, the Acton Institute’s Rome pleted its two-day PovertyCure conference for seminarians and faculty of the Pontifical Urban College in Rome. The conference served as part of the students’ pastoral formation before the academic year begins next week. The event also marked the first full and official screening of the PovertyCure DVD Series in the Italian language. Episodes 1-4 of the DVD Series were shown on day one of the conference, Sept. 29, and Episodes 5-6 were...
The Employer-Employee Relationship as an Opportunity for Worship
Employer/employee relationships, in themselves, are not morally neutral, says Wayne Grudem, but are fundamentally good and pleasing to God because they provide many opportunities to imitate God’s character and so glorify him. Employer/employee relationships provide many opportunities for glorifying God. On both sides of the transaction, we can imitate God, and he will take pleasure in us when he sees us showing honesty, fairness, trustworthiness, kindness, wisdom, and skill, and keeping our word regarding how much we promised to pay...
Ukraine in the Crosshairs: Its Ongoing Turbulent Relationship with Russia
On Tuesday, Acton’s Todd Huizinga took part in a West Michigan World Trade Association panel discussion on “US and EU Sanctions on Russia: How They Affect You.” He was joined by three other panelists who focused respectively on the legal, economic, and political ramifications of the current Russian/Ukrainian conflict and the sanctions it has evoked. Though each of the panelists focused on a different angle of the conflict, mon thread emerged: the desire of Russian President Vladimir Putin and his...
‘What Our Schools Need’
The Faith Movement, based in the United Kingdom, seeks to bring clergy, religious and lay faithful together to advance the Catholic faith, educating both believers and non-believers regarding the Church. Their website includes book reviews, and Eric Hester currently has a review of the Acton Institute’s Catholic Education in the West: Roots, Reality and Revival. Hester writes: At the heart of this most important little book is what The Catechism of the Catholic Church states: “the right and duty of...
5 Reasons Americans Still Can’t Find A Job (And It’s Probably Not What You Think)
According to the U.S. Department of Labor, unemployment across the country is at about 6.1 percent (here in Michigan, it’s at 7.4 percent, which puts us in the bottom 10 states.) That means a lot of folks are still struggling to find a job, or a job where they are not underemployed. Peter Morici, an economist at the University of Maryland give 5 reasons for this. Have all the “good” jobs moved overseas? Do we need to raise the minimum...
Northern Iraq: 2000 Years Of Christianity Wiped Out By ISIS
This past Sunday, for the first time in 2,000 years, no Christians received Holy Communion in Nineveh. The Islamic militants have eradicated the Christian population in the northern Iraqi city. The few Christians that remain are either too old or sick to escape. Canon Andrew White, Anglican vicar of Baghdad, told The Telegraph that churches have been turned into offices for the Islamic militants, crosses removed. No Christians, he says, want to be there. Last week there was munion in...
Profiting from Prisoners: How Prisons are Exploiting the Poor
Imagine you have a family member who has been in prison for a month. You decide to send them some money to buy a tube of toothpaste from the prison store. How much would you need to send them? At some prisons you’d need to send $130. Jails often deduct intake fees, medical co-pays, and the cost of basic toiletries first, leaving the prisoner’s account with a negative balance. To provide enough money for them to buy that initial tube...
Provoking Backlashes to Shut Down ALEC, Political Debate
I listen to National Public Radio nearly on a daily basis even though I know there are far-more productive ways to spend one’s time. On today’s “Diane Rehm Show,” the discussion was on the American Legislative Exchange Council, how much cash it received from bogeymen-of-the-left Charles and David Koch, and climate change. ALEC Chief Executive Officer Lisa B. Nelson appeared on the program and predictably endured rude interruptions from her host, ical charges from fellow guests, Tom Hamburger, Washington Post...
Samuel Gregg: Europe Is Rotting
Sam Gregg, Acton’s Director of Research, bemoans the state of Europe in The American Spectator today. In a piece entitled, “Something is Rotten in the State of Europe,” Gregg begins by noting that Germany seems to have lost mon sense. William Shakespeare knew a thing or two about human psychology. But he also understood a great deal about the body-politic and how small signs can be indicative of deeper traumas. So when Marcellus tells Horatio at the beginning of Hamlet...
You Are in the Image of God
The theme for this week’s Acton Commentary, “The Image of God and You,” struck me while I was rocking my baby son in the early morning hours. In the dim light he reached up and gently touched my face, and it occurred to me how parents are so prone to see the image of God in their children. And yet I wondered what it might be like for a child to look into the face of a parent. What would...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved