Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Jan 11, 2026 9:10 AM

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
Freedom of Religion Is Inherently Good
In many parts of the world, and even among some thinkers in the United States, freedom of conscience is seen as a threat to order and decency. But free choice, especially in religion, aligns perfectly with our free wills and is necessary for true human flourishing. Read More… Growing up in Yemen, a conservative branch of Islam was ‎very popular in my household, school, and mosque. Freedom of ‎religion was a myth frowned upon. It was thought that Islam ‎is...
Was the British Empire Evil?
It’s a given among most academics today that Britain’s empire and economic success was the result of the depredation of native cultures and gross exploitation. But what if it’s not true? Read More… There is edy sketch from British television, now made immortal by the internet, in which a Nazi soldier, waiting for Russian troops to advance on his army’s position, uneasily examines the skull insignias on his uniform and wonders if they might, in fact, be the baddies. Today...
European Union Demands Immediate Release of Jimmy Lai
Growing concerns over deteriorating human rights situation in Hong Kong, and the persecution of political dissidents, prompt EU’s call for immediate action. Read More… The European Parliament condemned the persecution of jailed newspaper publisher and pro-democracy activist Jimmy Lai, calling for his immediate and unconditional release from prison and the repeal of Hong Kong’s national security law (NSL), in a resolution passed on June 15, according to Voice of America. The resolution passed with 483 votes in favor, 9 against,...
There Are No Alternatives to Free Market Capitalism
Exploring Catholic social teaching in relation to economics is fine, but if we’re too open-minded about seeking a new mon good” capitalism, our brains might fall out. Read More… Alexander William Salter’s new book, The Political Economy of Distributism: Property, Liberty, and the Common Good, is an odd fish. It begs questions, contains numerous chapters that consist mostly of lengthy quotations, and at times seems to contradict itself, yet in the end it affirms an essential truth that we may...
This Fathers’ Day, Remember that Property Is Holy
What can a Christian socialist teach us about being a father and faithful steward of God the Father’s gifts? Plenty. Read More… The French Revolution of 1848, which began on February 22 in Paris, led to the fall of the July Monarchy in France, the founding of the Second Republic, a wave of democratic revolutions across Europe, a revival of European liberalism, and the spread of various forms of socialism. Once again, just as in 1789, the old order of...
Spreading the Flame: The Pioneering Ministry of William Grimshaw
The 18th-century evangelical revival is believed to have saved England from a revolution akin to France’s. Among the lesser-known names who brought gospel hope to classes alienated from the church was a man whose tenacity at saving souls made almost as many enemies as friends. Read More… We have discussed so far the nature of the 18th-century evangelical revival in Britain through the eyes of the most well-known names, John and Charles Wesley and George Whitefield. From the 1740s munities...
Can Fraternities Save America?
There’s a movement afoot to abolish Greek life nationwide. But what if frats are actually great places to form virtue and character in young men and not just reboots of Animal House? Read More… Dr. Anthony Bradley is on a quest to make fraternities virtuous again. “This is the craziest thing I’ve ever done,” he tells me. “I’m essentially bailing out water on the sinking Titanic.” The problem he’s confronting is well engrained in American culture and media: a quick...
Bridging the Church-State Divide
This sixth installment of a short history passionate conservatism explores what it meant to finally get into the White House and see policies implemented. Skepticism was not in short supply. Read More… In 2000, I didn’t realize until it was too late that my astronomically exaggerated proximity to presidential candidate George W. Bush would make me a target. For example, I had said in 1998 that women volunteers had run charitable enterprises in the 19th century, so women’s entrance into...
Jimmy Lai Appeals National Security Committee Decision—Again
Lai’s legal team is arguing that mittee’s decision, which directly affects his personal freedoms and the rights of Hong Kong citizens, should be subject to judicial review. Read More… Jimmy Lai, the imprisoned Hong Kong media mogul and pro-democracy activist, has lodged an appeal after his previous attempt to challenge a decision made by the National Security Committee was rejected, according to the Hong Kong Free Press. The high-profile entrepreneur and former Apple Daily publisher is seeking to overturn mittee’s...
A Culinary Introduction to the Devout Life
Want to be more disciplined in your spiritual life? Chow down with the saints. Taste and see that it is good. Read More… es a time when you yearn to live out your faith more deeply. This can mean different things for different believers, but it usually entails taking up a variety of personal disciplines, returning to tradition, mitting oneself to prayer and introspection. For harried souls making our way in a hectic, secularized world, an idealized spiritual life is...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved