James K. A. Smith reviews Cass Sunstein’s Valuing Life over at the Comment magazine site. It’s a worthwhile read for a number of reasons, not least of which is that it should move Sunstein’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 a personalist 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.