I’m getting very tired of hearing libertarians (and others) say, “You shouldn’t legislate morality!” As if their philosophy and policy proposals were morally neutral!
Ironically, most Big Government statists have a sounder grasp of the general relationship between morality and politics than libertarians. The “Don’t Legislate Morality” objection against conservatives and statists alike is mere smoke and mirrors, a rhetorical flourish with no substance whatsoever. Rights are always a matter of morality, regardless of where one’s moral assumptions come from.
Libertarians wish to codify their morality of liberty into law. The most thoughtful and principled libertarians would support liberty even if it did lead to impoverishment, inefficiency, and misery. They see liberty as a moral issue; liberty in itself is not morally neutral. Violence against the life, liberty, or property of another person without just cause (self-defense or reparation for previous injury) is not merely bad for material prosperity but bad for people; it is immoral, a violation of human rights. Moral relativism or neutrality simply doesn’t exist in conscientious libertarianism (or any other political philosophy).
And yet there are many people in this country (socialists, leftists, regressives, liberals, etc.) who disagree with this libertarian morality of non-violence. They believe that it is very moral to enact laws that plunder some people in order to give to others or that make people act in certain ways. In fact, they believe libertarianism in itself to be immoral. So libertarians need to ask themselves: “are we trying to impose our morality of non-coercion on others?” That answer has to be YES. Libertarians oppose the (im)moral assumptions behind statism and statist laws. A law has no less moral or immoral content merely because it allows people to freely act in certain ways, for the allowance of that freedom is based on moral presuppositions.
The question is not whether we should legislate morality (for that is a given) but “what is moral?” and “what can the law prudently do to enforce that morality, if anything?” And conservatives and libertarians agree more on these questions in comparison with the statists, especially when it comes to economic issues. In the realm of economics, I’m about as libertarian and Austrian as they get. Of course, when it comes to issues of abortion and marriage/family, I part ways with libertarianism– for reasons that I can explain in even libertarian/scientific terms, phraseology, and paradigms, showing how libertarianism breaks down in these cases.
So if you’re a libertarian reading this now and happen to disagree with me on these social issues, please refrain from incoherent slogans about “legislating morality.” They’re irrational and self-contradictory. Realize that you and I are both making moral claims. Then we’ll understand each other better, find more common ground, and be better able to cooperate politically.
Conservative Colloquium 