Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Jan 27, 2026 2:23 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
Verse of the Day
  Commentary on Today's Verse   Commentary on John 16:28-33   (Read John 16:28-33)   Here is a plain declaration of Christ's coming from the Father, and his return to him. The Redeemer, in his entrance, was God manifest in the flesh, and in his departure was received up into glory. By this saying the disciples improved in knowledge. Also in faith; Now are...
Verse of the Day
  Commentary on Today's Verse   Commentary on Deuteronomy 6:4-5   (Read Deuteronomy 6:4-5)   Here is a brief summary of religion, containing the first principles of faith and obedience. Jehovah our God is the only living and true God; he only is God, and he is but One God. Let us not desire to have any other. The three-fold mention of the Divine...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 27:1-6   (Read Psalm 27:1-6)   The Lord, who is the believer's light, is the strength of his life; not only by whom, but in whom he lives and moves. In God let us strengthen ourselves. The gracious presence of God, his power, his promise, his readiness to hear prayer, the witness of his Spirit...
Verse of the Day
  Commentary on Today's Verse   Commentary on James 3:1-12   (Read James 3:1-12)   We are taught to dread an unruly tongue, as one of the greatest evils. The affairs of mankind are thrown into confusion by the tongues of men. Every age of the world, and every condition of life, private or public, affords examples of this. Hell has more to do...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 119:9-16   (Read Psalm 119:9-16)   To original corruption all have added actual sin. The ruin of the young is either living by no rule at all, or choosing false rules: let them walk by Scripture rules. To doubt of our own wisdom and strength, and to depend upon God, proves the purpose of holiness...
Verse of the Day
  Commentary on Today's Verse   Chapter Contents   The safety of the godly.   We must not rely upon men and means, instruments and second causes. Shall I depend upon the strength of the hills? upon princes and great men? No; my confidence is in God only. Or, we must lift up our eyes above the hills; we must look to God who...
Verse of the Day
  Commentary on Today's Verse   Commentary on Proverbs 16:25   (Read Proverbs 16:25)   This is caution to all, to take heed of deceiving themselves as to their souls.   Proverbs 16:25 In-Context   23 The hearts of the wise make their mouths prudent, and their lips promote instruction.Or prudent / and make their lips persuasive   24 Gracious words are a honeycomb, sweet to the...
Verse of the Day
  Commentary on Today's Verse   Commentary on Isaiah 42:5-12   (Read Isaiah 42:5-12)   The work of redemption brings back man to the obedience he owes to God as his Maker. Christ is the light of the world. And by his grace he opens the understandings Satan has blinded, and sets at liberty from the bondage of sin. The Lord has supported his...
Verse of the Day
  Commentary on Today's Verse   Commentary on John 14:1-11   (Read John 14:1-11)   Here are three words, upon any of which stress may be laid. Upon the word troubled. Be not cast down and disquieted. The word heart. Let your heart be kept with full trust in God. The word your. However others are overwhelmed with the sorrows of this present time,...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 John 4:1-6   (Read 1 John 4:1-6)   Christians who are well acquainted with the Scriptures, may, in humble dependence on Divine teaching, discern those who set forth doctrines according to the apostles, and those who contradict them. The sum of revealed religion is in the doctrine concerning Christ, his person and office. The false...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved