Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Dec 27, 2025 10:40 PM

James K. A. Smith reviews Cass Sunstein’sValuing Life over at theComment magazine site. It’s a worthwhile read for a number of reasons, not least of which is that it should moveSunstein’s latest up in the queue.

It seems self-evident that everyone should favor “good” regulation, but the trick is getting some consensus on what defines “good” vs. “bad” regulation. A “people” or “person” centered regulation is a good starting place, perhaps. Or as Smith puts it nicely: “Regulation is made for people, not people for regulation.” Maybe what we need is apersonalist revolution in regulation, to say nothing of governance more broadly. A political economy for the people? Yes!

I would insist on some clarifications, though, and note that regulators are often the ones most inclined to get that formula mixed up. Who, after all, will regulate the regulators? (I think the rapper Juvenile asked something like that.) So one distinction I would insist on is that the rule of law is not reducible to or coterminous with the minutiae of regulation. In fact, the latter can often conflict with, rather than support, the former.

A fewother quibbles:

There is little to no recognition in Smith’s reviewthat the level of regulation consistently identified as “good” (assuming we could agree on what that is: something more concerned with “people” rather than “profits,” no doubt), tends to crowd out the moral self-regulation of the virtuous. A much deeper and more significant problem than the technical problem of “good” vs. “bad” regulation is the danger inherent in the conflation of legality, or regulatory adherence, with morality. Smith says, “Government regulations are one of the sorts of ‘nuts and bolts’ that hold together the girders of our social architecture—and are plemented by other sorts of ‘regulations,’ such as social mores and cultivated virtues.” I think this gets things precisely backwards. If anything makes up the “nuts and bolts” of the “girders of our social architecture,” it is the moral constitution of the people, not the paper constitution of the civil government, and much less the reams of industry regulations.

As Tocqueville wondered, “How is it possible that society should escape destruction if the moral tie is not strengthened in proportion as the political tie is relaxed?” Or as Burke put it: “Society cannot exist, unless a controlling power upon will and appetite be placed somewhere; and the less of it there is within, the more there must be without.” Maybe we just get the regulation we deserve.

Apart from the moreinterestingmoral and juridicalquestions, however,arethe pragmatic political and economic questions.Regulation, it should be noted, tends also to crowd out growth and innovation.Regulation is a cause of plex ofconcerning numbers regarding startups, e.g. ‘business dynamism.’And of course it matters who is doing the nudging(this is another way of getting at the moral virtue vs. regulatory adherence dynamic). Sunstein, like many smarty-pantses (e.g. experts), are pretty sure they know better than other people and are happy not only to tell them what to do, but increasingly helpthem to do it. Just a little nudge from the loving hand of government is all it takes. Of course, just as businesses and entrepreneurs need to have their activities oriented towards proper ends, so too do bureaucrats and regulators. Public policies, no less than economic models, assume some vision of human flourishing, whether they acknowledge it or not. A key question here is: Who gets to decide?

And sofor all the optimism about “good” government and regulation, let’s not forget the inherently “violent” nature of government, evenwhen it has the veneer of benign regulation.

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
An Easter reflection
pleted his discussion of the covenant of redemption, Herman Witsius writes the following at the conclusion of Book II of his De oeconomia foderum Dei cum hominibus: What penetration of men or angels was capable of devising things so mysterious, so sublime, and so far surpassing the capacity of all created beings? How adorable do the wisdom and justice, the holiness, the truth, the goodness, and the philanthropy of God, display themselves in contriving, giving, and perfecting this means of...
Ideology and terror
The name Robespierre is synonymous with terror and mass murder. But the author of The Terror that panied the French Revolution was also the prototype of the revolutionary leader who would e all too familiar in the 20th Century. Robespierre loosed the hordes of hell on his people, utterly convinced that he was preserving the purity of his political movement. In the current City Journal, John Kekes offers a fascinating analysis of Robespierre, the man, and those who have since...
‘Greener than thou’
Jay Richards, Director of Media and a research fellow at Acton, is quoted in the cover article in the new issue of World Magazine. The article, “Greener Than Thou” explores the Evangelical Climate Initiative (ECI) and questions the clarity of its vision and the accuracy of its claims regarding global warming and human-induced climate change. The ECI is the latest environmental policy initiative from evangelical leaders, signed by 86 people including Rick Warren (author of the Purpose Driven Life) and...
The iron law of unintended consequences
A report from the road: I’m in Colorado Springs this week, and I noticed this note taped to the wall of the bathroom in my spartan lodgings at the local Ramada Inn: Due to restrictions made by the City of Colorado Springs, the toilets have reduced water pressure and may not flush as well as you are accustomed to. In order to prevent the toilet from stopping up, please flush the toilet as frequently as possible while using it. Thank...
Getting stewardship right
Amy Ridenour of the National Center for Public Policy passes along a report from Peyton Knight about a briefing in Washington sponsored by the Interfaith Stewardship Alliance, the Acton Institute, and the Institute on Religion and Democracy. According to Knight, at the luncheon “top theologians and policy experts articulated a vision of Biblical stewardship based upon the Cornwall Declaration.” You can read the text of the Cornwall Declaration here. Dr. E. Calvin Beisner, an Acton adjunct scholar and professor at...
The ‘gospel’ of Judas
Over at OrthodoxyToday.org, Fr. Theodore Stylianpoulos demolishes the media driven speculation that the so-called Gospel of Judas might somehow turn traditional Christianity on its head. The Gospel of Judas is but another small window to Gnosticism, a hodgepodge of religious speculations that exploded on the scene during the second century. At that time, individual intellectuals or small and elitist groups around them, bothered by the basic story of the Bible, especially the violent God of the Old Testament and the...
Talking about the tithe
Here’s an article in the Washington Post recently that I want to pass along, “Tithing Rewards Both Spiritual and Financial,” by Avis Thomas-Lester. Among the highlights are the Rev. Jonathan Weaver of Greater Mount Nebo African Methodist Episcopal Church, who says, “Some people have a sense that pastors are heavy-handed . . . in the use of the Scripture to insist that people tithe. But we are not encouraging people to give 10 percent. We want them to be effective...
Cashing in on carbon credits
As Earth Day approaches (April 22), Jordan Ballor reflects on the Kyoto Protocol and some of the results of the “market-based” incentives promised to those who signed on. The Kyoto Protocol created a carbon trading system, a “cap and trade” mechanism where a set number of carbon credits were established based upon the 1990 levels of emissions from the involved countries. These credits could then be sold or bought from other countries. So what is the problem? As Ballor explains,...
College and carbon neutrality
Tom Friedman asks in today’s NYT, “Why doesn’t every college make it a goal to e carbon-neutral — that is, reduce its net CO2 emissions to zero?” (TimesSelect subscription required) I’ll give an initial possible answer: they already have enough to worry about with double-digit tuition increases practically every year without adding such costs. More about tuition inflation here, such as this, “On average, tuition tends to increase about 8% per year. An 8% college inflation rate means that the...
Evangelical litmus tests
This article, “Evangelicals Debate the Meaning of ‘Evangelical’,” which appeared in the New York Times on Easter, is instructive on a number of levels. First off, the article attempts to point out widening “fissures” among evangelicals, in which “new theological and political splits are developing.” While the article does talk at the end about so-called “theological” differences, the bulk of the piece is spent discussing the political divisions. Michael Luo writes, “Fissures between the traditionalist and centrist camps of evangelicalism...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved