Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Dec 10, 2025 12:25 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
Are There Rights We Can’t Give Away?
If inalienable rights are, as many people seem to believe, rights which the government cannot take away, does it follow that government can then take away rights that are alienable? As James Rogers explains, it is no less wrong for the government to take away an “alienable” right than it is for the government to take away an “inalienable” right. The difference between the two isn’t that one can be taken away while the other cannot but that an inalienable...
Crony Capitalism and Congressional Connections
“It’s helpful to look at the track record of this bipartisan idea that government is smarter and better at picking winners and losers in the marketplace,” said House Budget Committee Chairman Paul Ryan at a recent hearing on efforts bat cronyism and promote upward mobility. “What we have learned from this bipartisan approach is that corruption does occur, cronyism does occur, and what ends up happening is those who are connected, those who have established connections, those who know the...
When is a Catholic College Not Catholic Enough for the Government?
What happens if a Catholic college doesn’t require students to attend Mass, doesn’t engage in “indoctrination” or “proselytizing”, and hires non-Catholic faculty? As John Garvey, president of the Catholic University of America, says, the government will likely determine the school is not “Catholic” enough for religious liberty protections: There is a pattern to these cases. The government has been eager to regulate the behavior of churches in ways more to its liking. It does this by defining religion down, so...
Video: Rev. Sirico on Mammon and the cultural left
In The Daily Caller, Rev. Robert A. Sirico is interviewed by Ginni Thomas about a graphic in the March/April edition of the radical magazine Adbusters mocks people who throw off all moral restraint in the pursuit of wealth. Adbusters is an anti-capitalist magazine founded by Marxist Kalle Lasn and was instrumental in fueling the similarly anti-capitalist Occupy Wall Street movement. “You notice that they are precisely the ones who don’t tell us what personal responsibilities we have,” Rev. Sirico said....
On Call Check In Team
The team is growing as I write this. People from the On Call in Culture Community have taken the challenge to begin checking in with how they are being On Call in Culture on an everyday basis. You too can be a part of the encouraging and motivating exercise of checking in. By letting others know what God is doing through you and your work, you can encourage others, stay focused and be more aware of how God is working...
Prof. Hunter Baker, 2011 Novak Award recipient, featured on Research on Religion podcast
Professor Hunter Baker recently appeared on the Research on Religion podcast to discuss, among other things, his latest book, The End of Secularism. Baker’s book, like much of the podcast’s discussion, centers on the treatment of religious matters within the public square. In doing so, the podcast covers a broad range of relevant topics and is worth a listen. Baker is an associate professor of political science and the associate dean of Arts & Sciences at Union University. In recognition...
Women in the World On Call
Elizabeth Knox is passionate about supporting women in their faith and their work, especially when the two overlap. She regularly interacts with women on this topic through her Women of the World Bible study she began over two years ago. Her book also called Women in the World is due e out early 2013 Follow her blog to learn more about her passion for women in faith and work as well as the writing process. You can also follow her...
Rev. Sirico on Research on Religion podcast
Acton Institute president and co-founder Rev. Robert Sirico’s Research on Religion podcast went live today. In it, Rev. Sirico sits down with host Tony Gill to discuss his new book, Defending the Free Market: The Moral Case for Capitalism, and a range of other topics, including the morality of capitalism, faith-based initiatives, and Austrian economics. The podcast is available to listen to or download online and regularly offers fresh perspective on relevant topics. Today’s is no exception. Check it out....
Rev. Sirico talks to Human Events about ‘Defending the Free Market’
David Harsanyi of Human Events has shared a couple of videos of Rev. Robert Sirico discussing “Paul Ryan, Ayn Rand, Jane Fonda, Obamacare and the — sometimes unseen — morality of free markets.” He also touches on the core principles of his new book, Defending the Free Market: The Moral Case for a Free Economy. Part 1 Part 2 ...
Sirico: The Great Lie of Socialism
Socialism, despite its deficiencies, still has its fans. “Visit the philosophy and English departments on most college campuses, and you will still find intellectuals waxing eloquent on the glories of socialist theory. Students are still encouraged to imagine that it could work,” says Fr. Robert Sirico, in Crisis Magazine. However, Pope Benedict XVI is not one taken in by the great lie of socialism: History is strewn with intellectuals who imagined that they could save the world–and created hell on...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved