Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Jan 21, 2026 9:44 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
The Fountainhead of Satanism
Over the past few years, Anton LaVey and his bookThe Satanic Biblehas grown increasingly popular, selling thousands of new copies. His impact has been especially pronounced in our nation’s capital. One U.S. senator has publicly confessed to being a fan of theThe Satanic Biblewhile another calls it his “foundation book.” On the other side of Congress, a representative speaks highly of LaVey and mends that his staffers read the book. A leading radio host called LaVey “brilliant” and quotations from...
War on Women: Hypocrisy and Paternalism under the Guise of Equality
“The equal pay issue is rife with myths,” says Elise Hilton in this week’s Acton Commentary. “The myths have a long history in American politics.” With more than a dozen smiling women looking over his shoulder in the East Room of the White House, President Obama signed a proclamation in support of National Equal Pay Day on April 8. The president said he was working to prevent workplace discrimination and helping workers take control over negotiations regarding their pay. “My...
University of Michigan Should Resist Racial Bullying
Over the past 20 years or so the University of Michigan has been repeatedly attacked for being “racist” because the university is doing exactly what Dr. Martin Luther King wanted. The university is treating prospective and current students according to their characters and not their color. This explains why the university rejected to admit Detroit native Brooke Kimbrough, an academically mediocre student. Kimbrough is appealing the decision, however, claiming that she should be accepted because the university needs “diversity.” What...
Audio: Sirico on Pope Francis and President Obama
Acton Institute President and Cofounder Rev. Robert A. Sirico joined host Josh Tolley on The Josh Tolley Show on the GCN Radio Network to discuss the recent meeting at the Vatican between Pope Francis and US President Barack Obama. Sirico speaks about the discrepancy between the White House and Vatican recaps of the meeting and how that reflects the different purposes that the leaders had for the meeting as well as their different approach to dealing with social problems. You...
The Counterculture World Of Flannery O’Connor
Flannery O’Connor had a brilliant but short literary career. She died in 1964 at the age of 39 due plications from lupus, yet managed to leave behind a legacy of keen insight into the human condition of sin, in ways some considered repulsive. Her best known story, A Good Man is Hard to Find, is a morality tale of stiff adherence to “good.” O’Connor manages to turn upside-down the moral code of the seemingly “good” people in the story while...
It’s Tax Day: How Generous Do You Feel?
It’s tax day, and though I’m sure you’ve already begun your revelry, I suggest take a moment of silence to relish that warm, fuzzy feeling we get when pressured to pay up or head to the Big House. Indeed, with all of the euphemistic Circle-of-Protection talk bouncing around evangelicalism —reminding us of our “moral obligation” to treat political planners as economic masters and the “least of these” as political pawns —we should be jumping for joy at the opportunity. Nuclear...
Just Render Unto Caesar Already: The IRS and Frivolous Tax Arguments
In an attempt to trap Jesus, some Pharisees and Herodians asked him, “Is it lawful to pay taxes to Caesar, or not? Should we pay them, or should we not?” In response, Jesus said, “Why put me to the test? Bring me a denarius and let me look at it.” And they brought one. And he said to them, “Whose likeness and inscription is this?” They said to him, “Caesar’s.” Jesus said to them, “Render to Caesar the things that...
The Pickpocket Huntress of Barcelona’s Subways
While riding the subway in her hometown of Barcelona, Eliana Guerrero saw pickpockets steal a case of insulin from two elderly tourists. That crime motivated Guerrero to do something for help her city. “I try to solve things that affect me directly,” says Guerrero. “Pickpockets directly affect me because I adore Barcelona.” Since 2009, Guerrero has spend about three a hours a day patrolling Barcelona’s subways looking for pickpockets. “My mother always told me, ‘One swallow doesn’t make a summer....
Woman Fights Back Against Occupational Licensing Laws in Mississippi
If you visited a florist would you immediately walk out if you found out it wasn’t licensed by the state? Would a florist shop still know how to perform their job without a state certificate? In most instances occupational licensing laws serve to mercial interests and not the consumer. Far too often these laws work directly against the entrepreneur. Melony Armstrong, who owns “Naturally Speaking,” fought back against the cumbersome and archaic cosmetology licensing laws that tried to prevent her...
King David on the Heart of Christian Stewardship
We live amid unprecedented economic prosperity, and with the promise of globalization and the continued expansion of opportunity and exchange, such prosperity is bound to grow. Yet if we’re to retain and share these blessings, such gifts need to be received and responded to with a heart of service, sacrifice, and obedience to God. “Man is not the owner,” write Lester DeKoster and Gerard Berghoef. “He is the overseer…Each of us is steward over those talents and those pounds allotted...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved