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
Why Self-Discipline is so Hard
This is Odin, also known as the All-father. He will become the wisest and most powerful of the Norse gods, but not yet. For now, he hangs from Yggdrasil, the world tree that holds all nine worlds together, with a spear lodged in his chest. He will hang th…
Portraits of Afghanistan Before the Fall | Podcast | Overheard at National Geographic
[Music] 20 years after the United States went into Afghanistan to pursue Osama bin Laden, U.S. forces have finally withdrawn and the hard-line Islamist Taliban regime has once again seized control of the country. Several months ago, National Geographic se…
Iman Ghadzi buys a $30,000,000 private jet from Steve Varsano
Honestly, what would be the maximum, maximum budget that you would want to spend? 30 mil out of 148 models, there’s been 27 of them that are priced over 30 million. So we just got rid of those. So we’re going to start filtering out those airplanes that do…
SPACE CATS !!! - Smarter Every Day 85
Hey, it’s me D. Welcome back to Smarter Every Day! So, a couple of weeks ago, I asked a question here on Smarter Every Day in hopes that it would be beamed up to the space station so the astronauts could answer. Well, that happened! Why don’t we take the …
Chromosomes and genes | Inheritance and variation | Middle school biology | Khan Academy
This is a super cute puppy. He has a pink tongue, black fur, and a very friendly personality. We know that when this puppy grows up, he will have a healthy weight of about 70 pounds. He will love to play fetch and enjoy snuggles with his human family. We…
10 Tips to Avoid Bad Stock Market Mistakes
[Music] Hey guys, welcome back to the channel. In this video, we’re talking 10 quick tips to help you avoid bad investments. These are essentially just tips that I kind of wish I heard, you know, five, six years ago, which someone had told me that I’ve ju…