Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Nov 27, 2025 9:51 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
Bashing globalization in the name of European ‘values’
Hostility towards globalization is not the exclusive territory of the left in Italy. Giulio Tremonti, a former minister of the economy in Silvio Berlusconi’s centre-right government, has written a book called Fear and Hope (La Paura e la Speranza), largely arguing against free trade and the opening of international markets. Tremonti blames the recent rise in the prices of consumer goods on globalization and says that this is only the beginning. The global financial crisis, environmental destruction, and geopolitical tensions...
Political labeling: What’s in a name? Not much
One of the most frustrating things about politics is the use of simplistic labels to categorize political beliefs-in particular, the terms “conservative” and “liberal.” Instead of a “left-right” political spectrum, Libertarians are quick to note that people embrace various degrees of freedom (or government) in two separate realms: economic markets and personal or social behaviors. A popular and useful “two-dimensional” quiz along these lines is available at www.theadvocates.org/quiz. A two-dimensional quiz results in four categories. Conservatives are described as those...
Tempering predictions of progress
I was reading about Bill Gates’ speech to the Northern Virginia Technology Council last week, which received a lot of media coverage (PDF transcript here). In the speech about software innovation, Gates “speculated that some of the most important advances e in the ways people interact puters: speech-recognition technology, tablets that will recognize handwriting and touch-screen surfaces that will integrate a wide variety of information.” “I don’t see anything that will stop the rapid advance,” Gates said. I appreciate the...
Samaritan Guide – new and improved
“Private charities do demanding and heroic work for vulnerable people. We seek to reward their good work with prizes and publicity.” The Samaritan Guide Web site has been revamped and we’d love for you to stop by and check it out. The Guide is an online database of charities that accept little or no government funding and that serve vulnerable human populations. The Guide focuses on es and personal transformation, how religious and moral principles are implemented, and funding sources...
“We must overcome fear”
In the Catholic Church, the Easter Vigil liturgy is usually the ceremony during which catechumens (non-Christians) and candidates (non-Catholic Christians) are respectively baptized and received into the Church. In Rome this Easter there was a particularly noteworthy baptism, presided over by Pope Benedict. Magdi Allam is an Italian journalist who converted from Islam to Christianity. Instead of taking mon route of doing so as inconspicuously as possible—an approach that is perfectly reasonable given the risks entailed by such a move—Allam...
Resurrection
If it be all for nought, for nothingness At last, why does God make the world so fair? Why spill this golden splendor out across The western hills, and light the silver lamp Of eve? Why give me eyes to see, the soul To love so strong and deep? Then, with a pang This brightness stabs me through, and wakes within Rebellious voice to cry against all death? Why set this hunger for eternity To gnaw my heartstrings through, if...
The ABCs on AIDS in Africa
Edward C. Green and Allison Herling Ruark of the Harvard Center for Population and Development Studies cut through the nonsense and offer clear thinking on AIDS in Africa. Their article in the April issue of First Things more specifically criticizes a recent report on faith-based organizations and AIDS emerging from the Berkley Center at Georgetown University. Green and Ruark take pains to be respectful and deferential toward the Georgetown researchers, even where the egregious errors of the latter might have...
Ben Stein takes on “big science”
Ben Stein’s new movie Expelled: No Intelligence Allowed is creating a few waves in the Evolution vs. Intelligent Design debate. He presents it as, “a controversial, soon-to-be-released documentary that chronicles my confrontation with the widespread suppression and entrenched discrimination that is spreading in our institutions, laboratories and most importantly, in our classrooms, and that is doing irreparable harm to some of the world’s top scientists, educators, and thinkers.” It is not surprising to find Richard Dawkins interviewed in the film,...
And His glory knows no end
“Why do you look for the living among the dead? He is not here; he has risen!” – Luke 24:5b,6a The Lord Jesus Christ makes all things new. He is the alpha and the omega, the beginning and the end, and his glory knows no end. Isaiah says in his 65th Chapter, “Behold, I will create new heavens and a new earth. The former things will not be remembered, nor will e to mind.” Christians understand everything is summed up...
How do Italian pastors address politics?
It’s election time in Italy, with voting scheduled for April 13 and 14 to select a new parliament and government. With the center of the Roman Catholic Church located within the Italian republic and historic tensions between the Church and State in Italy, it is worth asking how Italian pastors address public issues in this notoriously political country. On March 18 the Secretary of the Italian Episcopal Conference (CEI), Giuseppe Bertori stated that the Church does “not express any involvement...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved