Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Nov 30, 2025 10:22 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
Video: Alex Chafuen discusses the causes and consequences of inflation in Latin America (Spanish)
2017 was a difficult year for many in Latin America. While Mexico endured 6.77 percent inflation, Argentina reached 24.5 percent and Venezuelans suffered a whopping 2,616 percent inflation. parison, according to the Bureau of Labor Statistics the United States saw inflation between 2.0 and 1.7 percent in 2017. Alex Chafuen, managing director of international outreach at Acton, recently addressed the issues in Latin America on NTN24 “Nuestra Tele Noticias.” Chafuen denounces how inflation feeds corruption, especially in Venezuela and Argentina....
How Green economics left the West out in the cold
As they shiver through the season, this frosty winter reminds Americans and Europeans how much they have mon. However, more and more Europeans find themselves out in the cold thanks to environmentalist policies that have caused too many to be unable to afford adequate home heatingthis winter. Environmentalist policies have undermined the stability of the energy supply itself.A Swiss newspaper, the Basler Zeitung(literally the “Basel newspaper”) reports that one German pany alone “spent almost a billion euros last year on...
The 5 most dangerous countries to be a Christian in 2018
For the sixteenth consecutive year, North Korea is ranked as the most oppressive place in the world for Christians, according to the international non-profit ministry Open Doors. Every year Open Doors publishes the World Watch List to highlight the plight of persecuted Christians around the world. The list represents believers “who are arrested, harassed, tortured—even killed—for their faith.” The list measures the degree of freedom a Christian has to live out their faith in five spheres of life (private, munity,...
The tragedy of the commons
Note: This is post #63 in a weekly video series on basic microeconomics. Common resources are nonexcludable but rival, says Alex Tabarrok in this video by Marginal Revolution University. For instance, no one can be excluded from fishing for tuna, but they are rival — for every tuna caught, there is one less for everyone else. Nonexcludable but rival resources often lead to what we call a “tragedy of mons.” In the case of tuna, this means the collapse of...
Radio Free Acton: Liz Forkin Bohannon on wealth creation and effective poverty alleviation; Upstream on Godless
On this week’s episode of Radio Free Acton, Caroline Roberts speaks with Liz Forkin Bohannon, CEO and Founder of Sseko Designs, on wealth creation and effective poverty alleviation. Then, on the Upstream segment, Bruce Edward Walker hosts a roundtable discussion with Acton staffers on Godless, a new Western show by Netflix. Check out these additional resources on this week’s podcast topics: Register for the Acton Institute’s lecture series event: Family Breakdown and the Economy Sseko Designs ‘Godless’ IMDb Learn more...
What Monopoly can teach us about the purpose of markets and money
The game of Monopoly has brought generations of people together, even as it’s somehow managed to tear friends and family apart. Indeed, amid all the fun and frivolity, it’s still a cut-throat game driven by luck, exploitation, and money-lust. Just like the actual marketplace, right? Alas, despite being “just a game,” Monopoly has surely done its share of feeding the various pop-culture caricatures of plete with a twirly-mustached mascot. But despite those subtle distortions, perhaps it can still teach us...
The minimum wage is speeding the robot apocalypse?
Intellectuals like Stephen Hawking and Elon Musk increasingly worry about an apocalyptic world awaiting in the not-too-distant future, when automation replaces all human work(and, in time, artificial intelligence displaces humanity). A new UK study finds the robots may have found an ally: a higher minimum wage. A looming increase in the minimum wage will likely result in a robots replacing a growing number of workers, according to the Institute for Fiscal Studies (IFS). The UK’s minimum wage – the National...
What’s behind the EU triggering Article 7 against Poland?
For the first time in its history, the EU has invoked Article 7, a provision of its constitution intended to censure and punish a member nation for violating European values. Just before Christmas, the European Commission took the first step in the process against Poland over a series of laws taken by the ruling Law and Justice (PiS) that it says threatens the independence of the judiciary. Ultimately, the EU could set out changes it expects Poland to make to...
Why Catholic Social Teaching falls on deaf ears
“While popes and bishops preach about the duties to the poor and suffering,” says Kishore Jayabalan in this week’s Acton Commentary, “the dilemma of how to help is usually left for the laity to figure out on their own” While CST explicitly speaks of ing all, it implicitly recognizes that unlimited multiculturalism is not feasible. The burdens and costs of ing ers are real and must be shared to be made acceptable. But what happens when some refuse to do...
Woodrow Wilson’s radical vision for free trade
One hundred years ago today—on January 8, 1918—President Woodrow Wilson gave an address before Congress in which he outlined his goals for ending World War I. American forces had entered the war almost nine months earlier and Wilson wanted to let the world know exactly what he believed the Allies were fighting for. In the introduction to what became known as the Fourteen Points speech, Wilson said, What we demand in this war, therefore, is nothing peculiar to ourselves. It...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved