Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Jan 31, 2026 8:16 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 Problem of Nuclear Power Proliferation
In today’s Acton Commentary, I examine the overtures President Obama has been making lately to usher in “a new generation of safe, clean nuclear power plants in this country.” I call for in part a “level playing field” for nuclear energy, which includes neither direct subsidy from the government nor bureaucratic obfuscation. The key to the latter point is to avoid the kind of breathless concern over the countries involved in the manufacture of ponents for elements of the stations....
The Establishment Clause
The other day with Schools Of Government, I bemoaned the number of undergrads and graduate students in the United States who are stamped by the “academic” majors and programs within universities for the expressed purpose of preparing them for bureaucratic life and perhaps leadership in the municipalities, state and federal governments of these United States. Depending on whose numbers you use, over 25% of our economy is government – and growing. And since government operates on OPM – other people’s...
Preview: R&L Interviews Nina Shea
Nina Shea In the next issue of Religion & Liberty, we are featuring an interview with Nina Shea. The issue focuses on religious persecution with special attention on the ten year anniversary of the fall munism in Eastern Europe. A feature article for this issue written by Mark Tooley is also ing. Tooley is president of the Institute on Religion and Democracy in Washington D.C. In regards to Shea, the portion of the interview below is exclusively for readers of...
Joseph E. Stiglitz: An Economist in Freefall
In this week’s Acton Commentary, I review a new book by economist Joseph E. Stiglitz, Freefall: America, Free Markets, and the Sinking of the World Economy. Text follows: A rare growth industry following the 2008 financial crisis has been financial mentaries. An apparently endless stream of books and articles from assorted pundits and scholars continues to explain what went wrong and how to fix our present problems. In this context, it was almost inevitable that one Joseph E. Stiglitz would...
Acton’s William F. Buckley Tribute Video
Saturday February 27 was the second anniversary of the death of the conservative giant William F. Buckley, Jr. I first saw Buckley in person when Ole Miss hosted Firing Line in 1997. I read National Review in High School even though I admit I did not always understand some of his words at that age. It was a wonderful reminder of the importance of intellectualism and conservatism, and that I still had a lot to learn. The political left too...
Die Hard — The Welfare State
[news video expired/removed] No, that’s not the new Bruce Willis movie. That’s the spectacle we’re witnessing now of general strikes in Greece in response to proposed austerity measures designed to keep the country from the fiscal abyss — and maybe dragging down other European Union members with it. But Americans shouldn’t be too smug. Despite some very substantial differences in political culture and economic vitality, the United States is showing early signs of the mass hysteria, the widespread delirium tremens...
Acton Media Alert – Kishore Jayabalan on Vatican Radio
Vatican Radio in Rome turned to Kishore Jayabalan, Director of Instituto Acton, ment on a recent Italian court ruling which held three Google executives criminally responsible for a YouTube video depicting a teenager with Downs Syndrome being bullied. Vatican Radio’s short article on the matter is here; the audio is available via the audio player below. [audio: ...
Popes Say No to Socialism
Popes in Rome have attempted to steer the Catholic flock away from the “seductive” forces of socialist ideologies threatening human liberty, which since the late 1800s have relentlessly plucked away at “the delicate fruit of mature civilizations” as Lord Acton once said. From Pius IX to Benedict XVI, socialism has been viewed with great caution and even as major threat to the demise of all God-loving free civilizations, despite many of their past and present socio-political and economic “sins.” In...
The RTT Ruse
On February 25th, while Barack Obama chatted about ObamaCare with members of Congress, the Federal Department of Education – lead by its cabinet level chief Arne Duncan who’s also from Chicago – prepped for release to the public his and his boss’s second assault on our freedom; this time a scheme to further intrude on your child’s education. As an announcement from two think tanks put it: “generationally important Tenth Amendment issues [were] opened on two fronts—the prospect of centralizing...
Acton Media Alert: Sirico on the BBC
On Monday, Acton Founder and President Rev. Robert A. Sirico took to the airwaves of the BBC and squared off against Oliver Kamm of the London Times in a spirited debate over the merits of Michael Moore’s latest “documentary,” Capitalism: A Love Story. Audio from the BBC3 show Nightwaves is available via the audio player below. [audio: ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved