Home
/
RELIGION & LIBERTY ONLINE
/
Just a Little Nudge
Just a Little Nudge
Sep 9, 2025 6:09 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
Space tourism
In an interview with The Space Review Richard Garriott, vice-chairman of Space Adventures discusses the possibilities of space tourism and the potential market in the United States. Garriott describes Space Adventures as currently an [travel] agent, and we have millions of dollars in cash paid reservations for sub orbital flights. But with few or no suborbital space lines to book today, we are working to ensure they exist and that may mean SA invests in that eventuality. Garriott looks forward...
Debunking the preservationist myth
An article from Nature examines how even human activity as inherently destructive as military exercises can actually boost biodiversity. In “Military exercises ‘good for endangered species,'” Michael Hopkin writes of the results of a study conducted following US military exercises in Germany. Ecologist Steven Warren of Colorado State University says that “military land can host more species than agricultural land.” And “What’s more, its biodiversity can also exceed that of natural parks, where species that need disturbance cannot get a...
Church and governance in Nigeria
A promising brief recognizing the critical role of civil society in Nigeria, and especially that the Christian church, from Ecumenical News International: Nigerian president urges African churches: Play part in governance Abuja (ENI). Nigerian President, Olusegun Obasanjo has urged African church leaders to e key players in the process of achieving good governance in the continent. “The Church must be a critical partner in the on-going efforts at strengthening the structures of democratic governance, and bringing about sustained development in...
If at first you don’t succeed…
…You might be a Member of Congress: Members of Congress want to establish a new government-backed venture capital program… OK, but what’s the catch? …to replace one that’s being phased out because of sizable losses. I wonder if they’ve considered whether the Government should even be involved in the venture capital business in the first place? Hat Tip: Don Luskin ...
‘Making Development Work’
A wide ranging piece in Policy Review by Robert W. Han and Paul C. Tetlock examines current aid practices, suggests the implementation of “information markets,” and looks at how such markets might impact current policy analyses like the Copenhagen Consensus and the UN’s Millennium Development Goals (MDG). The MDG are the nearly exclusive focus of the ONE Campaign, and the failings of the MDG as such e closely tied to the failings of the ONE Campaign. The authors write of...
Ecumenical leader murdered
Brother Roger, founder of the ecumenical munity, Taize, was murdered yesterday while praying. Details here. Brother Roger founded Taize in 1940. ...
Where does G.I. Joe shop?
In a FoxNews article, Jack Spencer of the Heritage Foundation reveals some interesting finds from their year-long study of the military industry: US Defense relies heavily on a global free market for its equipment. This may seem to fly in the face of the idea that if anyone ought to buy American, it is the American government. But as Spencer points out Congress has tried repeatedly over the years to steer defense contracts in directions that would supposedly shore up...
Benedict and World Youth Day: Becoming adults in Christ
Pope Benedict’s highly publicized trip to Germany for this week’s World Youth Day stands as an opportunity for the event to, in the words of Kishore Jayabalan, engage “serious theological and intellectual work.” The pope’s ing means, “If there is a place to show how the Christian faith shaped Europe and formed heroic persons even in its darkest hours, this is it.” Read the full text of mentary. ...
Fa(s)t food
There’s yet more evidence that supports my claim, “Besieged by the media and public opinion, quick-service restaurants have got the reputation for being unhealthy. But the truth of the matter is plex. Franchises that have put an emphasis on providing healthy foods have done well…. And as usual, the service industry has responded quickly and efficiently to customer demands.” The AP reports, “Inspired by the documentary ‘Super Size Me,’ Merab Morgan decided to give a fast-food-only diet a try. The...
The idol of nationalism
What Amrith Lal calls patriotism in this piece from the Times of India is probably more accurately called nationalism, but the point is well-taken nonetheless. The brief essay begins: As practised in our times, it is religion at its worst. The canons of morality and logic are lost on it. All that is expected of the patriot is blind devotion to an abstract entity called the state or whatever that symbolises the state. Needless to say, the state can never...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved