Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Jul 12, 2025 4:23 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
Edmund Burke and the importance of natural law
As conservatives consider how to approach issues such as free trade, populism and the role of the market, it’s helpful to look back to foundational thinkers who paved the way for conservatism. “One such ongoing discussion among conservatives concerns natural law’s place in conservative thought,” says Acton’s Director of Research, Samuel Gregg, in a new article published by Law and Liberty. Natural law was central to the ideas of the eighteenth-century political thinker Edmund Burke, driving him to stand against...
RFA Redux: David LaRocca on Brunello Cucinelli’s new philosophy of clothes
On thisepisode of Radio Free Acton, we revisit a previous RFAinterview with David LaRocca: a philosopher, author, and filmmaker who has released a documentary on Italian fashion designer and entrepreneur Brunello Cuccinelli. Cucinelli has built a pany by creating high-quality apparel, but more interesting than that is the philosophy that undergirds his business and all of his life. Check out these additional resources on this week’s podcast topics: Learn more about Brunello Cucinelli Learn more about David LaRocca Watch the...
The way of the manger: How the incarnation transforms work into witness
“Our Lord was not predestined by his Father to birth where we might have expected him…He was born, by divine design, into a laboring man’s dwelling…Our Lord precedes understanding with doing. He sets the way before the truth.” –Lester DeKoster and Gerard Berghoef With each passing holiday season, we see the sudden manifestation of an underlying cultural dualism, with gift-givers either over-indulging in the material stuff or feverishly guarding their spirits and souls from the cold grip of consumerism. Yet...
Fr. Sirico on why Christians should embrace free markets
Acton Institute President Fr. Robert Sirico recently joined Ron Paul on Liberty Report to explain why Christians should embrace free markets . ...
Scratching our way back from World War I
This year witnessed the memoration of the respective births of two champions of Christian thought and human liberty, Russell Kirk and Aleksandr Solzhenitsyn. Both men were born coincidentally in the same time frame – October and December 1918 respectively – in which the “war to end all wars” ceased. The ensuing years, however, gave lie to that assessment – worse, far worse, was on the horizon. But the First World War was the moment the fragile crockery of Western civilization...
Home to Bethlehem
Although the word nostalgia can be used to express a bittersweet longing for some pleasant remembrance of one’s past, it is safe to say that this is the time of the year when it is virtually unavoidable to drift into a sustained sense of nostalgia and where its experience is most intense. This is a time when our minds go back to a younger version of ourselves: to the sights and the sounds and the smells of our mothers’ kitchens,...
Is the UK facing massive child poverty?
Charles Dickens wrote in Oliver Twist that “very sage, very deep” British leaders “established the rule that all poor people should have the alternative … of being starved by a gradual process in the [poor]house, or by a quick one out of it.” If one were to believe a recent UN report on poverty, the fate of the poor remains Dickensian. Orrather, Hobbesian, as UN Special Rapporteur PhilipAlston quoted the philosopher’s ubiquitous description of life as “solitary, poor, nasty, brutish,...
C.S. Lewis on the strangeness of Christmas in a post-Christian age
Christmas has surely seen its share of “secularization,” from the cliché consumerism to the countless sub-genre s to the increasing dilution of holiday music to the exultation of any number of other pet nostalgias. Yet even in its most humanistic manifestations, we continue to encounter a range of peculiar odes to “peace” and “love” and the ever ambiguous “Christmas spirit.” Indeed, amid the syrupy platitudes and mere sentimentalism, we see routine recognitions that a spiritual void may actually exist. Among...
Explainer: What you should know about the latest criminal justice reform bill
What just happened? Yesterday the U.S. Senate passed an overhaul of the criminal justice system known as the FIRST STEP Act. The vote of 87 to 12 included all Senate Democrats and dozens of Republicans. The Act was approved earlier this year by the House by a vote of 360-59 vote, including 134 Democrats. President Trump has signaled that he will sign the bill into law. The legislation was also supported by a number of faith-based groups, such as Prison...
Criminal justice reform: What is it and why does it matter?
On Tuesday, the U.S. Senate voted 87-12 to pass the First Step Act. If enacted, the legislation would provide some reform of prisons and sentencing at the federal level. The most significant changes would be the implementation of incentives for prisoners to engage in “evidence-based recidivism reduction programs” and increased judicial discretion in sentencing. The bill now goes to the House for a vote, where it is expected to pass, and President Donald Trump said he would sign it into...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved