Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Nov 27, 2025 4:18 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
No, it’s not absurd for conservatives to worry about socialism
The Library of Law and Liberty has published a pilation of essays that address the recent claims made by First Things editor, Rusty Reno, about Michael Novak and his understanding of capitalism. In pilation, Michael Matheson Miller, research fellow at the Acton Institute, writes that Reno’s view of Novak is an inaccurate “caricature” and “misses the point.” Reno was incorrect on several points he made about Novak and the present state of the economy, including his characterizing Novak as a...
Department of Justice memo reaffirms our rights of religious liberty
In May President Trump issued an executive order directing Attorney General Sessions to address several issues concerning religious liberty, including: • Issue explicit guidance from the Attorney General to the Treasury Department to prohibit the revocation of tax exempt status to an organization based on its religious beliefs; • Encourage the Department of Health & Human Services to issue the draft interim final rule providing relief to the contraceptive mandate; • Ensure a Religious Freedom Restoration Act (RFRA) analysis is...
The surprising good news about child poverty
Here’s some good news you probably haven’t heard: Over the past fifty years the child poverty rate has almost been cut in half, falling to a record low of 15.6 percent in pared to the 1967 level of 28.4 percent. That’s the finding in a new report by Isaac Shapiro and Danilo Trisi of the Center on Budget and Policy Priorities. The “official” child poverty rate provided by the government, though, is listed as 19.7 percent. Why the substantial difference?...
Radio Free Acton: Tom Lindsay on the future of higher education in America; Upstream on The Devil and Father Amorth
On this week’s episode of Radio Free Acton, Paul Bonicelli, director of programs and education at the Acton Institute talks about Acton’s ing Education & Freedom conference and the future of education in America with Tom Lindsay, director of the Texas Public Policy Foundation’s Center for Higher Education. Then, on the Upstream segment, Bruce Edward Walker talks with Sam Buntz, writer at The Federalist, about “The Devil and Father Amorth,” a new documentary by William Friedkin, director of the classic...
Religious liberty in employment marches forward across the Atlantic
On Friday, the Department of Health and Human Services issued two interim rules rolling back the HHS mandate, which requires employers to furnish female employees with contraception, sterilization, and potentially abortifacient drugs for “free.” The two rules, which take effect immediately, do not repeal the HHS mandate. One rule grants an exemption to nonprofits, closely held businesses, and some publicly traded corporations that have sincerely held religious objections to its terms. The other allows all but publicly traded corporations to...
‘Work Songs’: A new collection of hymns on work and vocation
In June of 2017, a group of 60 Christian creatives gathered in New York City to discuss and reflect on the intersection of worship and vocation.Known as the The Porter’s Gate Worship Project, the group prised of musicians, pastors, writers, and scholars, aiming to “reimagine and recreate worship that es, reflects and impacts munity and the Church.” Their first album, Work Songs, is a collection of 13 modern hymns, each crafted to connect the meaning and dignity of daily work...
Audio: Rev. Sirico on the air
Acton President Rev. Robert A. Sirico has been busy on the airwaves of late; here’s a roundup of his latest radio interviews: On September 19th, Rev. Sirico joined hostThaddeus Romansky on RED-C Catholic Radio in Waco and College Station, Texas to discuss patibility of social solidarity and free markets, and the interface of religion and economics more generally. On September 22nd, Rev. Sirico joinedhost Justin Barclay and Samaritas CEO Sam Beals on WOOD Radio’s West Michigan Liveto talk about the...
Unemployment as economic-spiritual indicator — September 2017 report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight the latest numbers we need...
What a Chinese economist learned from American churches
“Only through awe can we be saved. Only through faith can the market economy have a soul.” -Zhao Xiao When French diplomat and historian Alexis de Tocqueville visited America in the 1830s, he marveled at the “associational life” of munities, noting the particular influence of religion and local churches. “Not until I went into the churches of America and heard her pulpits flame with righteousness did I understand the secret of her genius and power,” he wrote. “…The safeguard of...
The international perils of corruption and cronyism
An international conference recently addressed the dangers of corruption to liberty, economic growth, and human flourishing. Many of these criticisms can be applied to cronyism, often the byproduct of formal corruption. “There is an undeniable link between good governance and human flourishing,” U.S. Deputy Assistant General Roger Alford told the International Conference on the Rule Of Law and Anti-Corruption Challenges in São Paulo on Tuesday. By “good governance,” Alford – also an assistant dean and professor at Notre Dame –...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved