Home
/
RELIGION & LIBERTY ONLINE
/
Dodd-Frank: Regulation Cannot Build Character
Dodd-Frank: Regulation Cannot Build Character
Jan 21, 2026 6:23 AM

Dodd-Frank regulations, originally scheduled to take effect on July 16, are intended to create market stability. Instead, they are doing just the opposite.

Regulations aimed at financial derivatives, incorporated into the Dodd-Frank Wall Street Reform and Consumer Protection Act that was signed into law last July, have recently been rescheduled to take effect on December 31. The regulations are aimed at reducing the risk of derivatives, a contentious issue among those debating the root cause of the financial crisis. A Reuters’ report suggests this legislation will create uncertainty and a legal void for the derivatives market. Fears that trades could be challenged or invalidated may send the market for swaps (over-the-counter derivatives) into “legal limbo,” according to NASDAQ News.

Scott O’Malia, missioner of the Commodity Futures Trading Commission, told Reuters,

I have concerns that this proposal will not provide the appropriate level of legal certainty, and if it is to last only a few months, will likely only serve to further confuse and frustrate the markets and market participants.

Legal delays and uncertainties are only a small part of a much larger problem. Saturated with 2,253 pages of confusing regulation, Dodd-Frank is considered to be the most drastic financial revision in 80 years.

Former U.S. Senator Judd Gregg, now an adviser to Goldman Sachs, says Dodd-Frank goes too far for our good. He argues the regulation will hurt job creation and smother economic growth:

The consequences will be a massive transfer of economic activity overseas and an equally massive contraction in the liquidity and credit that keeps U.S. petitive and vibrant.

Though intended to stabilize the financial market, Dodd-Frank is creating more uncertainty and instability at our liberty’s expense. Regulation will petition and stifle individual freedom. In an attempt to correct the immoral behavior on Wall Street, the government promising the dignity of the individual by reducing financial choices.

In mentary titled “Credit Crunch, Character Crisis,” Samuel Gregg, the Director of Research at the Acton Institute, discusses the financial and moral costs of similar risk-controlling regulation in the past:

A longer-term problem is that this failure may facilitate calls for more financial regulation, much as the Sarbanes-Oxley Act was a response to America’s 2000-2001 corporate scandals. The evidence is growing that Sarbanes-Oxley has proved extremely costly for business. Even Sarbanes-Oxley’s authors now concede many of its provisions were badly drafted.

According to a University of Pittsburgh study, Sarbanes-Oxley’s discouragement of prudent risk-taking and its generation of pliance-costs have contributed to many firms listing themselves in the City of London rather than Wall Street. This has also been facilitated by Britain’s Financial Services Authority’s shift away from Sarbanes-Oxley-like procedural approaches to financial regulation, towards principles-based regulation which focuses on (a) the behavior reasonably expected from financial practitioners and (b) good es.

In the end, however, no amount of regulation — heavy or light — can substitute for the type of character-formation that is supposed to occur in families, schools, churches, and synagogues.

These are the institutions (rather than ethics-auditors and business-ethics courses) which The Wealth of Nations’ author, Adam Smith, identified as primarily responsible for helping people develop what he called the “moral sense” that causes us to know instinctively when particular courses of action are imprudent or simply wrong — regardless of whether we are Wall St bankers or humble actuaries working at securities-rating agencies.

Perhaps the recent financial turmoil will remind us that sound financial sectors rely more than we think upon sound moral cultures.

Gregg’s economic and moral analysis suggests regulation cannot build character. The implicit goal of Dodd-Frank is to achieve moral ends on Wall Street through coercive means — expanding government oversight. We must remember virtue cannot be artificially manufactured by increased regulation; rather virtue requires freedom to choose the proper course of action. Moral character in the business world should be encouraged by a proper incentive structure, but even more importantly by the values taught in our social institutions.

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
Acton Line podcast: Elizabeth Warren wants $3 trillion tax hike; Mark Hall on America’s Christian founding
Massachusetts Democratic Senator and presidential candidate Elizabeth Warren has proposed to increase taxes for big businesses and high earners to rake in nearly $3 trillion per year. Warren plans to use this tax to fund spending in health care, education, and family benefits, and as a result, according to Warren, the economy would grow. Are economists in agreement with Warren? What would increased taxes on the wealthy do for the economy? Dave Hebert, professor of economics and director of the...
How reason and faith complement each other
Faith and reason are mutually reinforcing. When faith and reason bined, faith is kept from metastasizing into irrationality and reason is kept from ing overly materialistic. bination of faith and reason is the foundation of Western Civilization. In a new review of Samuel Gregg’s book, Reason, Faith, and the Struggle for Western Civilization, Gene Veith of Patrick Henry College notes that “[t]he scholastic theology of Roman Catholicism, grounded as it is in Aristotelian philosophy, does indeed integrate faith and reason,...
Trade war hits home: How tariffs disrupt American businesses
Despite the “America-first” claims of trade protectionists and economic nationalists, we continue to see the ill effects of the Trump administration’s recent wave of tariffs—particularly among American businesses, workers, and consumers. Alas, while such controls may serve to temporarily benefit a select number of businesses or industries, they are just as likely to distort and contort any number of other fruitful relationships and creative partnerships across the economic order—at home, abroad, and everywhere in between. In a recent article for...
Video: David Hebert on how ice got to India
The 2019 Acton Lecture Series wrapped up last week Thursday with a lecture by David Hebert,assistant professor of economics and director of the Center for Markets, Ethics, and Entrepreneurship at Aquinas College. Hebert told the story of Frederick Tudor, a Boston entrepreneur who in the early 1800s set about finding a way to transport ice to Cuba, believing that given the opportunity, Cubans would pay handsomely for the resource. It wasn’t easy, but in the end he was right, and...
Wilhelm Röpke on liberalism and Catholic social teaching
This week’s Acton Commentary, adapted from my preface to the newest Acton Institute publication The Humane Economist: A Wilhelm Röpke Reader, illustrates what makes Röpke such an interesting and vital economist: Röpke saw his project in holistic terms involving intersecting and interdependent spheres or orden that to be fully appreciated and understood scientifically must be examined in their economic, social, and moral dimensions. mitments to mainline economic analysis, the importance of social institutions, and the moral and religious framework of...
The Virtue of Liberalism
Today, Law & Liberty published the text of my lecture for the Philadelphia Society in October: “Why Economic Nationalism Fails.” The topic for the panel was “Conservatism and the Coming Economy.” Since I’m not a determinist and doubt my own powers of prediction, I focused on what political economy conservatives ought to support in the future, despite worrying trends in the present: Conservatives ought to reaffirm the good of economic liberty, both domestically and internationally. Free markets and free trade,...
Jeremy Corbyn would destroy the US-UK special relationship
Citizens across the UK are casting their votes in the 2019 general election. Jeremy Corbyn “seems in equal parts blind to the violence of socialism, the goodness of the West, and anti-Semitism in his own party,” I write in my new article for The American Spectator. The voters’ decision will have a decisive impact on the United States and the West as a whole. The Labour Party leader would destroy the special relationship of the U.S. and the UK. After...
An encyclical on China and the US?
Sen. Marco Rubio’s recent speech on capitalism and mon good, taking its point of departure in Rerum Novarum, has gotten a good bit of coverage. Yesterday he delivered remarks at the National Defense University and opened with these words: This morning I am honored to speak here at the National Defense University to discuss the defining geopolitical relationship of this century: the one between the United States and China. Unfortunately, I was unable to find a papal encyclical on this...
A bait and switch at Peter’s Pence?
The Wall Street Journal’s recent article on the Vatican’s main charitable appeal landed like a bombshell this week. And it didn’t help that we’re in the midst of the holiday giving season. The Roman Catholic Church conducts an annual collection known as Peter’s Pence, which is touted as supporting mercy ministries and serving those most in need. Shockingly, the Journal has reported that for at least the last five years “as little as 10%” of the approximately $55 million raised...
Hugo Chavez and Jack London on why socialism kills
In an emotional story in the January 2020 issue of Reason, Jose Cordiero relays how “socialism killed my father” – through economic scarcity. His article highlights the life-and-death stakes of wealth creation. Cordiero writes that he was working in Silicon Valley when he got a call that his father had experienced kidney failure in Caracas. Yet even traveling to Bolivarian Venezuela became virtually impossible. The economic collapse ushered in by Hugo Chavez’s socialist policies dried up demand: Indeed, the number...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved