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James K. A. Smith on Good Regulation

"Thank God For Bureaucracy" in Comment: Public Theology for the Common Good (December 18, 2014). A review of Valuing Life by Cass R. Sunstein.

This is why we should care about regulation: because it is the banal way that the modern, liberal, democratic state tries to secure some baseline of justice and flourishing. Government regulations are one of the sorts of “nuts and bolts” that hold together the girders of our social architecture—and are best complemented by other sorts of “regulations,” such as social mores and cultivated virtues. But when we think “regulation,” we generally picture government oversight. ¶ Even if we grant that licensing and state management of commerce have in some ways run amok, we can still witness tragedies and injustices that result from a lack of regulatory protections. As my colleague, Brian Dijkema, noted in the wake of a 2013 factory collapse in Bangladesh, the tragedy was in no small part the result of weak social infrastructure. The challenge is to be able to both critique a choking regulatory Leviathan and still affirm the good of regulation as an institutional expression of care for our neighbor. For every overreaching, micromanaging tentacle of the state that wants to mediate every form of social transaction there is the unnoticed, taken-for-granted inspector or regulation that is preserving health, safeguarding fairness, or even saving lives.