On 7/26/05, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote:

>         How in the world can a libertarian be a social conservative? 

Actually, a libertarian view would be very consistent with social
conservativism.  On what issues do you think they are inconsistent? 
On homosexuality, most social conservatives do not favor laws
prohibiting sodomy, but they do resist employment and housing laws
which require them to "accept" the "lifestyle."  On gay marriage, a
libertarian view would be that the state should not bless and
recognize any marriages at all, that this should be simply a private
matter.  On education, they favor eirther getting the government out
of the field altogether, or at least privitizing it so that the
government is only the "single payer."  Abortion is a special case, in
that it depends on whether one is willing to recognize the fetus as
having the same rights of someone outside the womb - and one's
position on that issue is not governed by how libertarian one is; even
the most radical libertarians support laws against murder.

Certainly, there are some "social conservative" views held by some
that are not libertarian (government sponsorship of specific
religions, no flag burning) but not all social conservatives support
those policies, and there is nothing inconsistent about the social
conservatism of a libertarian.

> Similarly, how can a libertarian fault rights because they are allegedly
> "invented" by courts?  Should any self-respecting libertarian reject
> "rights" only if they are not part of natural law or whatever he or she
> deems the correct political theory of rights? And isn't the role of the
> courts in determining the correct set of rights completely irrelevant to
> rights embraced by libertarian theory? In other words, one would think that
> a libertarian--even a constitutional libertarian--wouldn't care a bit about
> whether courts "invented" rights just so long as normative political theory
> embraces those rights?


Anybody, not just a libertarian, can contend that the government
should support certain liberties, but admit that these liberties are
not necessarily protected by the Constitution.  So, such a person (if
he or she is a strict constructionist) would support Constitutiional
decisions which protect rights actually located in the Constitution,
and support legislation to protect other liberties.  Just because one
is a libertarian does not mean that he or she would support stretching
the Constitution to support his own agenda (especially when he or she
knows that such stretching historicly has been used to promote other
agendas).

Sam Ventola
Denver, Colorado
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