Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Jul 3, 2025 8:36 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
William Penn on the three fundamental rights of citizens
Yesterday was the birthday ofWilliam Penn, the influential English Quaker and founder of Pennsylvania. This year also marks the 300th anniversary of his death. Although Penn was an Englishman, he became, as Gary M. Galles says, the first great champion of American liberty. As Galles notes, When Charles II died, a large debt to Penn’s father was settled in 1681 by granting him what would e Pennsylvania. Penn implemented his authority over the colony in his 1682Frame of Government, Pennsylvania’s...
YouTube powers Brazil’s conservative Catholic wave
Father Paulo Ricardo is a very sympathetic man. Always smiling, he is tall, thin, and balding. His austere appearance reminds us of priests portrayed in the films of the 1960s. Father Paulo could easily pretend to be Dom Camilo, the wise Italian priest created by Giovannino Guareschi and immortalized in the cinema by the brilliant French actor Fernandel. Like Dom Camilo, Father Paulo is a provincial priest, far from the axis of Rio de Janeiro – Sao Paulo, who lives...
How the populist moment can become the liberty moment
Since the War of Independence, the American self-image has set individual liberty against oligarchic power. Abraham Lincoln encapsulated this when he described the American experiment as a government “of the people, by the people, for the people.” Perhaps it was inevitable that populism, in the form of the People’s Party, was born on U.S. soil – and that, as it experiences a modern-day resurgence, it begins in the United States. The original Populists described themselves as “the plain people” fighting...
How Michigan’s licensing laws hinder the disadvantaged
Proponents of greater government intervention often argue that some freedoms are well worth sacrificing for greater social stability or public health and safety. Such is particularly the case with occupational licensing and other micro-regulations, where the government routinely imposes barriers with the stated aims of “protecting consumers” or “stabilizing industries.” But while such regulations may overly technical and practical, the cost of the corresponding freedoms is far from abstract. It’s personal—felt in the form of new economic obstacles for the...
Jaime Balmes: constitutional politics at the service of conciliation
This article is written by Josep Mª Castellá Andreu and translated by Joshua Gregor. It was originally published by RedFloridaBlanca and is republished with permission. Nineteenth-century Spanish constitutionalism is usually interpreted as a pendulum swinging between liberal or progressive constitutions and moderate or conservative ones. This interpretation highlights constitutional instability and the minimal impact of constitutional documents on the nation’s political and social life. Former Constitution Square in Barcelona French writer Théophile Gautier (1811-1872) described Spain’s constitutional reality very well...
Sir Roger Scruton: How to preserve freedom in the West
One of the leading philosophers of our time says Western culture will have to be handed down outside the ivory towers and college lecture halls – and he has strong reason to believe that its promulgators will be successful. Sir Roger Scruton’s optimism is not unfounded; he found the dissident, underground munities munist-dominated Europe had a greater thirst for truth and Western culture than their contemporaries in the politically correct West. Scruton reminisced about his career as a pioneering thinker...
Samuel Gregg: What is crony capitalism?
In an interview for Guatemala’s Universidad Francisco Marroquin, Samuel Gregg, the Director of Research here at the Acton Institute, answered questions about crony capitalism, mentioning how it works and his worries about this problem. Gregg explains crony capitalism by contrasting it with the free market and political market. He mentions how it works in the economy, what happens in the marketplace when it’s used, and why it’s a problem for both the people doing business and for entrepreneurs. ...
Video: Samuel Gregg on Russell Kirk’s contributions to conservatism
This is the fourth in a series celebrating the work of Russell Kirk in honor of his 100th birthday this October. Read more from the serieshere. On October 3, Acton’s Director of Research, Samuel Gregg, joined a panel at the American Enterprise Institute memorate the life and legacy of Russell Kirk, one of the leading American intellectuals of conservative thought.Hosted by AEI’s Ryan Streeter, the event also mentary from Daniel McCarthy of Modern Ageand Ted McAllister of the Pepperdine School...
Brazil’s conservatives mount a counter-revolution
Writing to a friend about his pessimism regarding the future of Western Civilization, Jacob Burckhardt made an interesting observation. The Swiss historian believed that history was not a linear process and that he could see that sometimes that Providence contains some surprises for us. It is with bination of surprise and pessimism that we should analyze the Brazilian presidential election in which Jair Bolsonaro, a populist candidate with conservative tendencies, who made the defense of traditional Christian values the main...
Understanding Bolsonaro
When Jair Messias Bolsonaro walked into TV Cultura’s studio in July, no one had any idea of ​​the political tsunami that would engulf Brazil 90 days later. The “Roda Viva” is the oldest talk show on Brazilian television; a group of eight journalists sit on a wheel-shaped bench and in the center lies the interviewee. That Monday, Bolsonaro spoke about how he would toughen criminal laws, turn back the sexual revolution, and restore Christian morality. He admitted to not understanding...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved