Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Dec 2, 2025 9:07 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
‘The least natural of loves’
C.S. Lewis calls “Friendship” the “least natural of loves; the least instinctive, organic, biological, gregarious and necessary.” Head on over to Mere Comments to see my response to “Walking With Friendships.” ...
What do you call this?
From Live Science, there are plans to create a pseudo-woolly mammoth from frozen DNA. The trick is to take the male sperm DNA from a woolly mammoth sample and the egg from its closest living relative, the elephant. “By repeating the procedure with offspring, a creature 88 percent mammoth could be produced within fifty years.” Such a creature is technically a chimera, “an organism or tissue created from two or more different genetic sources.” This usage is related to the...
Nigeria fights corruption
For those concerned about the way corruption hinders development in Africa, a hopeful story in the Wall Street Journal today (subscription required). Here’s one paragraph: “Since taking charge of the new Economic and Financial Crimes Commission, Mr. Ribadu has pursued oil mobsters, Internet fraudsters and corrupt politicians. The former street cop has 185 active fraud and corruption cases working their way through the courts, up from zero before mission started its work two years ago. Working in the capital of...
A costly good
In the words of the Cornwall Declaration, “A clean environment is a costly good.” A round-up of recent stories attests to the truth of this statement. Wal-Mart pledged on Tuesday to provide $35 million for use to protect wildlife habitat. Wal-Mart can afford to use this money to “buy an amount of land equal to all the land its stores, parking lots and distribution centers use over the next 10 years” in part because of its economic success, topping the...
What is the legacy of Pope John Paul II?
When asked about the legacy of Pope John Paul II, Prof. Gregory R. Beabout responds “that the life and legacy of John Paul II is best understood in light of the history and culture of Poland.” The important distinctions between nation and state, culture and government, were operative both in Polish history as well as in the life of Karol Wojtyla. Read the full text here. ...
The soul of civil society
Bob Woodson of National Center for Neighborhood Enterprise fame taught me a lot about strategic partnerships. In the interest of getting something important done for needy people, it’s ok to invite others with good contributions to make to join you, despite disagreements with them on other issues. Good advice. And on the 50th anniversary of Dr. Jonas Salk’s vaccine and Dr. Albert Sabin’s oral polio vaccine, Rotary International demonstrates an impressive strategic partnership with the Global Polio Eradication Initiative, partnering...
Study of clerical careers
Courtesy of Pulpit & es Factors Shaping Clergy Careers: A Wakeup Call for Protestant Denominations and Pastors (PDF), by Patricia M. Y. Chang (HT: Mere Comments). This study is based on surveys conducted primarily with mainline Protestant denominations. Perhaps most helpful are the observations of a minister whose denomination was not included. Here’s a brief excerpt from James A. Meek of the Presbyterian Church in America: The ministry is a calling, not just a career, as Chang notes at the...
Saul Bellow’s Henderson the Rain King
Saul Bellow died last week at the age of 89. He wrote the novel that was most influential and deeply important in my life, Henderson the Rain King. In this book, Bellow engages the hollow atheism at the heart of the modern secular world. Beginning as a larger-than-life American millionaire in a society bereft of meaning, Eugene Henderson embarks on a spiritual journey to find purpose in his life. After many misadventures, Henderson finally arrives at a point where he...
Taxes and tuition: families squeezed by rising costs of religious education
136 Catholic schools were closed nationwide in 2004, even as the Catholic population in the United States has been rising. Kevin Schmiesing writes that “the economic bind that religious schools and their students increasingly find themselves in highlights an injustice at the heart of American education.” Read the full text here. ...
A book the next pope should read
What one book would you send to the next pope to read? William Rees-Mogg has decided what his “inaugural present” would be: The Wealth of Nations by Adam Smith. ...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved