Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Jan 1, 2026 3:36 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
Call of the Entrepreneur Website Redesigned
Now is a great time to check out Acton’s first documentary, The Call of the Entrepreneur. Call of the Entrepreneur's new design. The website has pletely redesigned to be more user friendly and attractive. You will find links to social media forCall of the Entrepreneur as well as options to share the documentary with your friends at the bottom of the site. We’ve also added the high definition trailer to the site. The only trailer available on the previous website...
Audio: Dr. Carl Trueman on Christians and Politics
If you weren’t able to make it to Derby Station on Wednesday for our latest Acton On Tap event, have no fear: we’re pleased to present the full recording of the evening’s festivities featuring Dr. Carl Trueman of Westminister Seminary via the audio player below. If you’re unfamiliar with Dr. Trueman or his work, check out Jordan Ballor’s introduction right here. Considering that the PowerBlog’s focus over the past few days has been on how Christians are approaching the debt...
Taking His Name in Vain: What Would Jesus Cut?
Ray’s post pointed to something that’s been bugging me about Jim Wallis’ “What Would Jesus Cut?” campaign. As with the “What Would Jesus Drive?” campaign (“Transportation is a moral issue.” What isn’t these days?), Wallis’ campaign assumes the moral high ground by appropriating the Holy Name of Jesus Christ to advance his highly politicized, partisan advocacy. Jesus es an advertising slogan. And what is implicit here is that those who oppose Wallis are somehow at odds with the Gospel of...
Opposing Views: America’s Debt Crisis and ‘A Call for Intergenerational Justice’
Last week’s issuance of “A Call for Intergenerational Justice: A Christian Proposal on the American Debt Crisis” has occasioned a good bit of discussion on the topic, both here at the PowerBlog and around various other blogs and social media sites. It has been interesting to see the reaction that ments about the Call have generated. Many have said that I simply misunderstood or misread the document. I have taken the time to reread the document and do some reassessment...
‘A Call for Intergenerational Justice’ and the Question of Economic Growth
While there is much to applaud in the Center for Public Justice and Evangelicals for Social Action’s “A Call for Intergenerational Justice,” the lack of discussion of the problem of economic growth is troubling. I believe Don Peck is correct when he writes in The Atlantic: If it persists much longer, this era of high joblessness will likely change the life course and character of a generation of young adults—and quite possibly those of the children behind them as well....
Unintended Consequences and Wind Turbines
With the surge in oil prices, there’s renewed interest in alternative energy options. Numerous countries have gradually taken steps to promoting renewable or clean energy technologies, and it seems the United States is drifting more towards favoring alternative energy options as the Obama Administration is looking at banning off shore drilling along the continental shelf until 2012 and beyond. However, before we move farther down this road, a critical analysis of the pros and cons is a must. A more...
A Response to ‘What Would Jesus Cut?’
Jim Wallis and a number of other Christians involved in politics are trying to gain attention for the question, “What would Jesus cut?” The answer to this question is supposed to be as obvious as it is in other moral contexts. For example, would Jesus lie about the useful life of a refrigerator he was selling for Best Buy? No way. Would he bully a kid into giving away his lunch money? Not a chance. Would you find him taking...
Jesus as Budget Director?
My first reaction to “What Would Jesus Cut?” is that it tends to reduce Christ to a distributor of material goods through government programs. Jesus is not a budget overseer or a dispenser of government largesse. Sojourners founder Jim Wallis has already countered this accusation with his own post saying, “We haven’t been trying to get Jesus to be the head of any mittee, or think that he would ever want that job!” But still, to use Christ as an...
Abortion and Intergenerational Justice
I’m not sure I have ever really encountered the term intergenerational justice before this discussion over “A Call for Intergenerational Justice,” at least in any substantive way. This unfamiliarity is what lay behind my initial caveat regarding the term, my concern that it not be understood as “code for something else.” The Call itself provides a decent definition of the concept, or at least of its implications: “…that one generation must not benefit or suffer unfairly at the cost of...
Archbishop Chaput: The American experience and global religious liberty
A brilliant assessment of where we are. (HT: American Orthodox Institute Observer). Subject to the governor of the universe: The American experience and global religious liberty March 1, 2011 – Most Rev. Charles J. Chaput, O.F.M. Cap., Archbishop of Denver, addressed the Berkley Center for Religion, Peace and World Affairs at Georgetown University. A friend once said – I think shrewdly — that if people want to understand the United States, they need to read two documents. Neither one is...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved