Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Jan 7, 2026 4:19 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
Beyond vocational hierarchies: Evangelism, social justice, and Christian mission
Throughout my conservative evangelical upbringing, I was routinely encouraged to follow the call of the “five-fold ministry,” whether from the pulpit in weekly church services or the prayer altars of summer youth camps. The implications were clear: entering so-called “vocational ministry” was a higher calling than, well, everything else. Later, in my college years at a leftist Christian university, I witnessed a lopsidedness of a different sort. Instead of being prodded into global missions, I was now encouraged to “make...
Radio Free Acton: RFA Reports on Direct Primary Care part II; Upstream on ‘Avengers: Infinity War’
On this episode of Radio Free Acton, we feature the second installment of RFA Reports. Guest Anne Marie Schieber-Dykstra, an award-winning reporter and former anchor with WOODTV Grand Rapids, talks with experts and patients on ways in which Direct Primary Care centers are providing better medical care for affordable prices. Then, on the Upstream segment, Bruce Edward Walker talks about the latest film in the Marvel Cinematic Universe: “Avengers: Infinity War” with Micah Watson, professor of political science at Calvin...
Emmanuel Macron and the problem with ‘European values’
Last weekFrench President Emmanuel Macron came to the United States for a two-day summit with President Trump and an address before Congress. As Acton senior editor Rev. Ben Johnson notes at The American Spectator, Macron’s speech before Congress reveals a deep fissure within the West about its most fundamental values—a fracture es as the West faces powerful challenges from outside its borders: Macron’s speech to Congress represents one set of values: the statist orientation of the bureaucratic EU elite. Leaving...
James Cone and the Marxist roots of black liberation theology
Rev. Dr. James Hal Cone died last week at the age of 79. Cone was a professor of systematic theology at Union Theological Seminary and the father of black liberation theology. In a 2008 Acton Commentary, Anthony Bradley provided a brief explanation of Cone’s system of black liberation theology and its roots in Marxism: Black liberation theologians James Cone and Cornel West have worked diligently to embed Marxist thought into the black church since the 1970s. For Cone, Marxism best...
Macron’s speech offers thin gruel on Western ‘values’
For one fleeting moment in Emmanuel Macron’s speech to Congress, it seemed as though he would connect the transatlantic alliance on the firm basis of mon values. “The strength of our bonds is the source of our shared ideals,” he told lawmakers. Since 1776, the United States and France “have worked together for the universal ideals of liberty, tolerance, and equal rights.” The use of the phrase “universal values,” an ersatz substitute for Western values, preceded his assessment of the...
What is the Catholic Church’s teaching on the size of government?
What is the Catholic Church’s teaching on the size of government? And what is the principle of subsidiarity? Our friends atCatholicVote.orghave put together a brief video to help answer these questions. ...
U.S. Commission on International Religious Freedom releases 2018 report
Yesterday, the U.S. Commission on International Religious Freedom (USCIRF) released itsInternational Religious Freedom Reportfor 2018.A wide range of U.S. government agencies and offices use the reports for such efforts as shaping policy and conducting diplomacy. The Secretary of State also uses the reports to help determine which countries have engaged in or tolerated “particularly severe violations” of religious freedom in order to designate “countries of particular concern.” “Sadly, religious freedom conditions deteriorated in many countries in 2017, often due to...
Growth miracles and growth disasters
Note: This is post #76 in a weekly video series on basic economics. Because of differences in national growth rates there can be large disparities in economic wealth among different countries. A poor country can not only grow, but it can do so quickly. It can catch up with developed countries at an astonishing rate. That’s the good news, says Alex Tabarrok in this video by Marginal Revolution University. The bad news is, while growth can skyrocket in some countries,...
Loving cities well: Chris Brooks on the church’s role in economic restoration
What would happen if local churches came together to love and serve our cities? Upon hearing such a question, our minds are prone to imagine an assortment of “outreach ministries,” from food pantries to homeless shelters munity events to street evangelism.But while each of these can be a powerful channel for love and service in munities, what about the basic vision that precedes them? Before and beyond our tactical solutions to immediate needs, how can the church truly work together...
‘Avengers: Infinity War’ and the danger of idolatrous ideology
Warning: This article contains a major spoiler about the plot of‘Avengers: Infinity War.’ If you haven’t seen the movie yetand don’t want it to know what happens then PLEASE STOP READING NOW. Since I was a boy I’ve loved Marvel Comics, and over the past decade I’ve loved almost everything about the Marvel Cinematic Universe (MCU). But I don’t love the latest the edition of the MCU,Avengers: Infinity War. I should love the film because it’s packed with everything I...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved