Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Jan 4, 2026 5:02 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
Why Christians Should Support Religious Liberty for Muslims (and Everyone Else)
The fight for religious liberty is only beginning to intensify in America, whether for retail giants, restaurant chains, bakers and florists, sacrificial nuns, or the imminent obstructionson the path paved byObergefell vs. Hodges. Yet even when facing these pressures for themselves, many American Christians still seek to withhold such freedoms from those of differing religiousbeliefs. Forgettingour position of exile,such a stancetrades the first of our God-given freedomsfor narrow self-interest and self-preservation. Suchprofound disconnect was recently on vivid display at the...
Radio Free Acton: Todd Huizinga Previews Brexit
On this edition of Radio Free Acton, we take a look at the ing referendum in Great Britain which will decide the fate of the UK’s membership in the European Union. Todd Huizinga, Acton’s Director of International Relations and author ofThe New Totalitarian Temptation: Global Governance and the Crisis of Democracy in Europe, joins the podcast fresh from his latest European trip and shares his analysis of the pros and cons for Britain, as well as the reaction in Brussels...
Explainer: What You Should Know About the Net Neutrality Ruling
What just happened? On MondaytheD.C. Circuit Court of Appeals ruled in favor of the Federal Communications Commission (FCC), sayingthe agency had the legal authority to enact their Open Internet Order (i.e.,net neutrality rules.) What was this case about? Last Spring theCTIA, the trade group that represents the munication sectors, filed a lawsuit with the D.C. Circuit Court of Appeals challenging the FCC’s decision to “impose sweeping new net neutrality rules and reclassifying mobile broadband as mon carrier utility.” The CTIA...
A Crash Course in Capitalism and Socialism
Unclear on how capitalism and/or socialism got started? John Green provides a 12-minute crash course that answers how we got from the British East India Company to iPhones and from Karl Marx to Swedish-style socialism. Warning: Green’s style and digressions can be a bit grating, but overall the material is worth watching. (I’d also mend increasing YouTube’s speed setting to 1.5 or 2 for faster viewing.) ...
5 facts about fathers and Father’s Day
This Sunday is the day Americans set aside to honor their fathers. Here are 5 facts you should know about dads and Father’s Day. 1. After listening to a Mother’s Day sermon in 1909, Sonora Dodd of Spokane, Wash. wanted a special day to honer her father, a widowed Civil War veteran who was left to raise his six children on a farm. The first Father’s Day celebration, June 17, 1910, was proclaimed by Spokane’s mayor because it was the...
New Barna Study on Americans’ Confused Morality is … Confused
The Barna Group recently released a fascinating new study on morality in America. The press release is titled, “The End of Absolutes: America’s New Moral Code.” It summarizes the study: New research from Barna revealsgrowing concern about the moral condition of the nation, even as many American adults admit they are uncertain about how to determine right from wrong. Sounds like a problem. And, indeed, the data does give reason to be concerned. But the framing of at least one...
Flag Day in the Era of Post-Authentic Patriotism
Today is Flag Day. You probably didn’t know. You probably didn’t care. Unless you’re Boy Scout or a member of the VFW, you probably don’t give the American flag much thought. And you likely don’t have any flags in your home. I don’t either. Not really. What I do have hanging on the walls of my home office are several variations of Jasper Johns’s paintings of the American flag. I have no idea what Johns thought about the works or...
Before you vote, think like a libertarian
You don’t necessarily have to be a member of the Libertarian Party to appreciate it. In a new piece for the Federalist, Acton’s director of programs, Paul Bonicelli suggests that there are libertarian questions that voters of all parties should be asking. Libertarians, with a focus on limiting federal power, question the size and scope of the state and its bureaucrats, as anyone supporting individual freedom should. Some of the questions Bonicelli offers are: Does the U.S. Constitution permit the...
A Russian Businessman Discovers the Law of Love
“When I first read the description of Fr. Alexander Torik’s novel Flavian, I was skeptical,” says Rev. Gregory Jensen in this week’s Acton Commentary. “Recently translated from Russian, it is the story of “an unexpected turning point in the life of Aleksei, a quite ordinary city dweller.” A chance meeting with a former classmate turned much in the life of this physics-major-turned-successful-manager upside down, setting Aleksei on a new path with many amazing discoveries along the way.” I couldn’t help...
Poverty, Inc. Now Streaming on Netflix
Poverty Inc.,an award-winningdocumentary thatgrewout of the Acton Institute’s PovertyCureinitiative,is now available on Netflix. Duringthe past yearthe film has been in over300 screenings around the world attended by more than 21,000 people. But now we have an opportunity to spread the key message of the film to a larger audience: the most effective solutions to poverty lie in unleashing entrepreneurs to find new, innovative, and efficient ways to meet people’s needs. Please help us spread the word bytelling your friends, co-workers,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved