Another Response to Sandefur

Timothy Sandefur has a post on my reply to his review of Darwinian Conservatism.

He elaborates his argument that libertarianism and traditionalist conservatism are incompatible, and that Darwinian naturalism supports libertarianism but not traditionalist conservatism. His main point is that while the libertarian believes that social order is to be judged by how well it serves the happiness and flourishing of individuals, the conservative believes that individuals are to be judged by how well they serve the stability of social order.

I will concede that Russell Kirk's deep scorn for libertarian thought drove him to describe his Burkean conservatism in a way that drove a wedge between conservatism and libertarianism. But as I have argued in my previous post and in my book, the libertarianism of people like Hayek is actually compatible with Burkean conservatism. Although Hayek did not like to call himself a "conservative," he appealed to Burke throughout his writing, and he insisted that "true individualism" (as opposed to "false individualism") was consistent with Burkean thought.

Like the Burkean conservatives, Hayek repeatedly stressed the need for moral order rooted in tradition or custom to secure the social conditions for liberty. In Individualism and Economic Order, Hayek observed that "coercion can probably only be kept to a minimum in a society where conventions and tradition have made the behavior of man to a large extent predictable" (p. 24). In support of this idea, he quotes Burke: "Men are qualified for civil liberty in exact proportion to their disposition to put moral chains upon their own appetites." Moreover, Hayek writes, "It must remain an open question whether a free or individualistic society can be worked successfully if people are too 'individualistic' in the false sense, if they are too unwilling voluntarily to conform to traditions and conventions, and if they refuse to recognize anything which is not consciously designed or which cannot be demonstrated as rational to every individual" (p. 26).

For Kirk, the necessary moral traditions were ultimately rooted in some permanent order of the universe manifested in enduring human nature and religious belief in a transcendent order. By contrast, Hayek was a skeptic. And yet he saw no necessary conflict between his classical liberalism and religion. "Unlike the rationalism of the French Revolution, true liberalism has no quarrel with religion, and I can only deplore the militant and essentially illiberal antireligionism which animated so much of nineteenth-century Continental liberalism. . . . What distinguishes the liberal from the conservative here is that, however profound his own spiritual beliefs, he will never regard himself as entitled to impose them on others and that for him the spiritual and the temporal are different spheres which ought not to be confused" (The Constitution of Liberty, p. 407).

This last point leads Sandefur to warn against Kirk as a "theocrat" who "called for an established religion in America." But here I would say that he is not being fair to Kirk. Kirk accepted the First Amendment principle that Congress should not establish a national church. "Christian teaching," Kirk claimed, "is intended to govern the soul, not the state." He warned that it was a mistake for the church to usurp the powers of the state. Although Kirk thought religion was essential for social order, he thought that no particular church should be established by the state, because he believed in religious liberty as a hard-won legacy of the Western tradition.

In listing his "Ten Conservative Principles", Kirk began with the principle of "an enduring moral order" rooted in a constant human nature. Darwinian science supports that principle by accounting for human nature, including the natural moral sense.

As Sandefur indicates, some conservatives are suspicious of Darwinian accounts of human nature as a product of evolutionary history, because they fear that this falls short of the eternal order that they seek. But my claim is that even if Darwinian human nature is not necessarily a fulfillment of some eternal, cosmic purpose, this human nature is still an enduring ground for moral judgment. Moreover, the question of whether this evolutionary nature is guided by some supernatural cause is left open for those who would move beyond nature to nature's God.

Some skeptical libertarians see no need for such a move beyond nature. But shouldn't they see the openness to divine mystery as one of the deepest expressions of individual liberty?