Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Oct 31, 2025 5:25 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
Subsidizing Subsidiarity: How Conservatives Failed New Orleans
This week marks the 10th anniversary of Hurricane Katrina making landfall on the Gulf Coast. As always happens when remembering suchignominious events, we look back in hindsight to attempt to learn what could have been done differently. If we’re being honest with ourselves, we conservatives will admit that we share some of the blame for the disaster—just not in the way many of us realize. The colossal failures in leadership in the wake of Hurricane Katrina proved once again that,...
Is Bitcoin Hostile to Property Rights?
Over the last couple of years there has been a lot of criticism over the crypto-currency Bitcoin—some of which I’ve made myself (I think it is doomed as a currency but would be a great “alternative to Western Union”). But Neil Stevens at RedState recently made one of the most intriguing criticism’s I’ve heard so far: Bitcoin, if adopted widely, would be a grave threat to property rights. There may be another cryptocurrency that isn’t hostile to our liberties, but...
Rev. Robert Sirico: Papal Message Must Cut Through Media Noise In U.S. Visit
With only a few weeks before Pope Francis makes his first U.S. visit, the media frenzy is already beginning. At Crux, the observation is made that “pet projects” of Catholics across the nation will be vying for Vatican attention. However, the pope likely has his own agenda. With his encyclical, Laudato Si’, still fresh in people’s minds, Pope Francis will certainly speak to the environment. Also, the World Meeting of Families in Philadelphia is on his schedule. But with stops...
Surrendered Unto Stewardship: Darrell Bock On Money That Matters
What is the purpose of money? Is it for our survival? For our status, significance, or success? Is it for the service of ourselves or for the service of others? In a talkfor the Oikonomia Network, theologian Darrell Bock sets out to answer the question, drawing from the numerous treatments of money in the book of Luke — from the rich fool and Lazarus’ wealthy neighbor to Zacchaeus and the widow’s mite. “Money is to be surrendered into stewardship,” he...
McKibben Misreads Environmental Zeitgeist
One of the United States’ most-recognized climate-change missionaries, Bill McKibben has made it a habit of late to hide behind the clerical garb of Christian religious to spread his message against free-market capitalism (see here, here, here, here, here and here). The past few months, McKibben has been putting Pope Francis’ encyclical Laudato Si to work in a crusade against the fossil fuels that have generated wealth and lifted billions from poverty. This week, he writes on the New York...
John Oliver’s Real Target Isn’t Crooked Televangelists—It’s Conservative Churches
In 2004, Jon Stewart, host of The Daily Show, famously appeared on CNN’s Crossfire and accused the hosts of “hurting America.” He excoriated the show’s hosts for being “partisan hacks” who suck up to politicians and spin the news for partisan ends. Stewart then spent the next ten years hurting America by being a partisan hack that sucked up to politicians and spun the news for partisan ends. That so many Americans get their news from opinion shows on cable...
Israel and the Significance of Religion on Culture and Economics
Despite ongoing conflict and regional unrest, Israel’s economy is doing exceptionally well. Unemployment is under six percent, es are up, and the Index of Economic Freedom shows Israel’s rank improving over the last few years while America and many Western European nations are declining. Acton’s Director of Research, Samuel Gregg, discusses this situation in a new article for the Jerusalem Post. He says: [I]t’s no exaggeration to say that many developed economies – mired in debt, out-of-control welfare spending and...
Nurture in the Economy of Love: Insights on Parental Discipleship
The spate of Planned Parenthood videos raises many issues, one of which is the importance of nurturing the lives that we have had a hand in conceiving, adopting, and ing into our homes. As we participate in the Economy of Love, nurturing discipleship will include biblically and theologically informed insights for parents as they express faith, hope, and love in ing children into God’s world. Thus, the following e from 35 years of parenting and pastoring in churches large and...
Rev. Robert Sirico: Dialogue With Pope Must Include Free Markets
In today’s Roll Call, Acton Institute president Rev. Robert ments on Pope Francis’ September visit to the U.S. and what may be part of the dialogue when the pope is here. While the media tabulates the pontiff’s popularity on certain topics, Sirico says there are more important things to note. Popularity ratings may be important for politicians but not for a pope believed to be the successor to St. Peter and the Vicar of Christ on earth. His job is...
Video: Wayne Grudem And Barry Asmus On A Solution To The Poverty Of Nations
So far, 2015 has given us our busiest Acton Lecture Series ever, and we’re pleased to share more of it with you today on the PowerBlog. Back on April 16, Acton had the privilegeof hosting Wayne Grudem and Barry Asmus, who spoke on the topic of the book they jointly authored,The Poverty of Nations: A Sustainable Solution. First, the bios: Wayne Grudem is Research Professor of Theology and Biblical Studies at Phoenix Seminary; he is the author or co-author of...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved