yego.me
💡 Stop wasting time. Read Youtube instead of watch. Download Chrome Extension

Law vs. justice: What is our duty in society? | James Stoner | Big Think


2m read
·Nov 3, 2024

I think the rule of law only works in the end among people who have a sense of justice. In other words, that you can't divorce the rule of law from the virtue of justice. That doesn't mean that people aren't allowed to pursue their own interests in the marketplace. Actually, it's just for people to be able to pursue their own interests, and to a large extent, to pursue the good as they understand it.

Actually, that's almost the definition of conscience: to be able to act according to the law, but according to your own judgment of what the circumstances require. You who know those circumstances and everything about them, because you're a human being, right? You can make those judgments. That's a specifically human capacity, something the robots can't do, and the algorithms, for Pete's sake, certainly don't do.

But the question is whether you can have the rule of law without conscience, without people having consciences, without people having the virtue of justice. And I guess I think you can't really. Immanuel Kant said the perfect Constitution would work even among a nation of devils, provided they were intelligent devils. You know, as long as you had all the right punishments, you could lead people just out of their own interests never to do anything wrong if you could calibrate it in that way.

But you know, I think the overwhelming evidence is the other way on that one. People are clever enough. If I'll, you know, maybe I should say human sinfulness is fertile enough that people will always figure out a way around any law. The virtue of justice has to be there in judges, it has to be there in juries, has to be there in society generally.

And I think that our sense that the law can be only something external to us—rules that just hedge us in in certain ways and don't care about our internal life in any sort of way, don't care whether we're just or unjust in our souls, right, in ourselves—I think that that's a tremendous threat to the rule of law.

So it's a kind of paradox, and you know, the best of the classical liberals really understood this. That part of the gain of classical liberalism is to make the rules a little more external, right, to give us a little more room to pursue the good as we understand it or as we see it. But that, I think, can never go so far as not to be concerned that we ourselves, or that everyone who's a player in that game, has a basic sense of justice, has a sense that there's a duty, a duty and conscience to obey the just rules that are made for the sake of the common good of everyone.

The ability of all people to pursue their own good is itself a kind of common good of a liberal society. It's something that we share and something that, of course, we have to sacrifice a little bit for in order to have the real benefits.

More Articles

View All
15 Routines That Grow Your Mindset
It’s easy to spot a red car in traffic if you’re looking for a red car, and that’s similar to how your perspective on life works. If you’re not looking for something specific, you won’t see it, even when it’s right under your nose. That’s why people with …
How The Housing Crash Will Happen
What’s up, you guys? It’s Grahe here. So, I think it’s about time that we address something that probably a lot of you have recently considered, and that would be when is the next housing market crash actually going to happen? After all, home prices have …
Why Moths are Obsessed with Lamps | National Geographic
The story of the lamp in the moth is one of fatal attraction. The theory is that these primarily nocturnal insects have evolved to travel by the light of the moon and the stars. This way of travel is called transverse orientation. An easy way to think abo…
Khan Academy Best Practices for High School
Hey everyone, this is Jeremy with Khan Academy. Um, thanks so much for joining us on this Friday afternoon or Friday morning, depending on where you’re calling from. Wherever you’re calling in from, you’re in for a special treat today because we have Matt…
Porcupine Proofing a Cabin | Life Below Zero
You guys ready? Yeah, there you go, a little buddy, dump him out. [Music] It’s so cute! Just stay calm, let him go, let him go. He wants to go to the wello line. Run, run to the forest! Porcupine chase was a lot of fun. A lot more fun having the kids with…
Clearing Everest's Trash - 360 | National Geographic
This is a landfill in the Sagarmatha National Park, home to the world’s tallest peak, Mount Everest. Members of the Sagarmatha Pollution Control Committee, or SPCC, collect and sort trash all the way up to Everest base camp, situated in the Himalayas. Eve…