Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Dec 5, 2025 1:00 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
Gregg in The Tablet
Samuel Gregg, director of Acton’s Center for Academic Research, wrote “One nation under God?” appearing in tomorrow’s The Tablet: To European eyes, America seems a remarkably united religious country. But the United States is as prey to disputes over secularism as other Western nations. ...
How religious right, left can work together
The Detroit News included a statement from me, along with two of their Faith and Policy columnists, reacting to a Washington Post story by Alan Cooperman about cooperation between religious leaders from the political left and right. Here’s my bit: The Washington Post’s article about the prospects for rapprochement between religious conservatives and liberals gets to the heart of the “cold war” that has existed between these groups for so long. The historic intractability of both sides has led to...
Take your ball and go home
“Winning isn’t everything.” Whatever happened to this slice of wisdom? In Columbus, Ohio, a team of baseball players has been ejected from their league for being “too good”! (Read the story here). The parents of the teams being slaughtered by the better plained that losing was seriously detrimental to their kids’ self-esteem. Therefore, the league decided to reward the hard work of the winning team with expulsion. Winning isn’t everything, but apparently, losing is. What this league and the supporting...
Greening evangelicals
Rev. Richard Cizik of Virginia is being hailed as “in the vanguard of a striking new movement: evangelicals prodding President George W Bush to take action on global warming. And his stance cannot easily be dismissed as radical nonsense, as the Green cause is traditionally mocked by the Right. He is the Washington representative for the National Association of Evangelicals, America’s largest evangelical group. With 30 million members, the NAE is possibly the most powerful voting bloc in the country.”...
Ruling on the Decalogue
I have to admit that I’ve never been able to get that fired up about the controversies surrounding the various public displays of the Decalogue. It no doubt has to do with my view that it is far more important for the law to be written on our hearts rather than on stone (see for example Jeremiah 31:27-40). It’s all (on both sides) struck me as a little to much like public posturing, and for the Christian conservatives who support...
Journal of Markets & Morality, volume 8, issue 1
Journal of Markets & Morality Volume 8 • Number 1 The publication of this issue (vol. 8, no. 1) marks the full implementation of the journal’s two issue moving wall. This means that as an archived issue, volume 7, number 1 is now freely available in its entirety. Subscribers are able to access electronically the full content of the two most current issues. Stephen Grabill’s editorial deals with these trends in scholarly publishing, with an eye on the specific situation...
Revisionist history
At today’s Get Fuzzy. ...
No smoking in the smoke shop
Madison, Wisconsin’s city council voted down a resolution that would have allowed an exemption from the public smoking ban for cigar bars. The ban goes into effect July 1. HT: Cigar Jack’s Cigar Blog ...
Reagan voted greatest American
Ronald Reagan was voted the Greatest American in history by a slim margin by a Discovery Channel program, barely beating out Abraham Lincoln. Martin Luther King, Jr., George Washington, and Benjamin Franklin rounded out the top 5. Of course, I’m not sure how much credence should be lent to a list whose top 100 included such luminaries as Tom Cruise, Ellen DeGeneres, Brett Favre, Dr. Phil, and Michael Moore. In any case, when Ronald Reagan passed away last year, Acton...
The problem with aid
In a number of previous posts, I have expressed concern over new efforts to increase the amount of government-to-government aid to Africa (see here, here, and here for background). Today brings another bit of news that should give pause to anyone advocating for massive increases in government aid to Africa. From Saturday’s London (UK) Telegraph : The scale of the task facing Tony Blair in his drive to help Africa was laid bare yesterday when it emerged that Nigeria’s past...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved