Home
/
RELIGION & LIBERTY ONLINE
/
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Libertarians, Religious Conservatives, and the Myth of Social Neutrality
Jan 8, 2026 4:00 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
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...
Politics and Pulpits Don’t Mix
Over at Commentary Magazine, Jonathan S. Tobin remarks on the double standards liberals have about allowing politicians to promote political positions from the pulpits of churches and synagogues: [A]llowing a religious event to e the venue for partisan politics is always asking for trouble. No one is saying, or ought to say, that synagogue buildings can’t be used for debates or forums in which politics is discussed. But there is a big difference between a Sunday morning bagel breakfast to...
Being a Christian CEO Means Never Having to Fire Someone
Does being a Christian in business mean you’ll never have to fire someone? Of course not. But that’s one of the many subtexts that is detectable in the recent attention being given to this story: “CEO of Christian Publishing Firm Fires 25 Employees after Anonymous Email.” Now I don’t know any more details than what is contained in the Romenesko report, and it may well be that CEO Ryan Tate acted in an imprudent and incorrect fashion following his receipt...
Acton Commentary: Calvin Coolidge and the foundational truths of government
In this mentary, I take a look at Calvin Coolidge and his views on government. Coolidge is important today for many reasons. Chiefly, he’s a striking contrast to our current culture of government and the bloated state. Coolidge was sandwiched in between the progressive era and the rise of the New Dealers. And in his era of leadership, tyrannical leaders who preached the supremacy of the state rose to power abroad. Joseph Stalin and Benito Mussolini in Italy are two...
Rev. Sirico to speak at Freedom of Religion Rally in Grand Rapids, Mich.
A ‘Stand Up For Religious Freedom’ Rally, organized by a coalition of religious, non-profit, pro-life and pro-family organizations and individuals is scheduled for Friday, June 8, at Rosa Parks Circle in Grand Rapids, Mich. The Rev. Robert Sirico is a featured speaker. This public event, scheduled for 10:30 a.m. – 2:30 p.m. EST, is described as “…a peaceful protest to stand up for our religious beliefs and our 1st Amendment Freedoms guaranteed by the US Constitution.” Other speakers include former...
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...
Buying a House Makes People Less Entrepreneurial
Suzy Khimm points out an interesting study from the UK’s Spatial Economics Research Centre: Our fixed-effects estimates show that purchasing a house reduces the likelihood of starting a business by 20-25%. … This result is driven by homeowners with mortgages and persists for several years after entering homeownership. … We argue that this finding can be rationalized by the fact that homeowners typically have to overinvest in housing (Brueckner, 1997; Flavin and Yamashita, 2002) and therefore cannot adequately diversify their...
The Dangers of Democratic Tyranny
In the context mentary on protests like those in Quebec and the Occupy movement more broadly, it’s worth reflecting on the dangers of democratic tyranny. The “people” can be tyrannical just as an individual sovereign or an oligarchy might. That’s why Aristotle considered democracy a defective form of government, because it too easily enshrines the will of the majority into an insuperable law. As Lord Acton put it, “It is bad to be oppressed by a minority, but it is...
Only a Sunday Believer?
“I do my religion on Sundays.” That was House Minority Leader Nancy Pelosi’s answer to a press conference question on the Catholic Church’s stance on contraception, according to The Washington Examiner. Pelosi has consistently backed the Obama administration’s call to force employers to offer abortion, sterilization and birth control as part of employee health care, despite many organizations’ ethical, moral and religious objections (Acton’s PowerBlog offers more here on this topic.) Pelosi’s answer is telling: Her faith should not affect...
30 Years Ago Today: Reagan’s Westminster Address
The Washington Post’s editorial page reminds us that today is the 30th anniversary of Ronald Reagan’s address at Westminster Hall, London. The speech, famous for its “ash heap of history line,” was Reagan’s challenge to the Soviet Union’s very legitimacy and pointed to its hollow core. Reagan’s great strength was not just America’s military posture against the Soviets, but that he truly made the Cold War a battle of moral ideas. It was a decisive pivot away from America’s policy...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved