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
Collecting Ice for Cocktails | Restaurants at the End of the World | National Geographic
Oh my God! So what are we getting? We’re getting ice. We’re getting…the most obvious choice. Kill the engine, brother. If you’re really quiet, and you listen through the waves, you hear all the pops and cracks? Mm hmm. This is the glacier ice expansion, …
Athlane (S19) - YC Tech Talks, Gaming 2020 (November 9, 2020)
Uh yeah, so like I said, I’m the co-founder of Athlane. And so if you’re at this talk, you’ve probably watched a live stream before. Oftentimes, what’s not captured in that stream is what these creators endure to deliver that viewership experience. Wheth…
Slowly into Secret Scotland | National Geographic
I believe that to truly slow down, you have to change the way you travel. Cycling allows me to travel more fluidly, to connect more deeply with my surroundings and, I hope, with the people who call this place home. I’m Michael George and I’m a National Ge…
17 Daily Habits That Made Me A Millionaire
What’s up you guys? It’s Graham here. So for some reason, ever since I was a kid, I’ve been fascinated with reading and studying up on millionaire habits. Like, it’s really fun to think that you’ve discovered this cheat code to making money that involves…
15 Steps to GET RICH (Ultimate Guide)
You are watching the Sunday motivational video: 15 steps to get rich. Welcome to a Luxe Calm, the place where future billionaires come to get inspired. If you’re not subscribed yet, you’re missing out! Hello, Alex Aires! We are glad to have you here with…
Making a Bow By Hand | Live Free or Die
So the back of the bow is looking pretty nice, and I’m going to start shaping the bow with the axe. Take it down to one continuous grain that’ll provide the most strength. Hunter gatherer Matt has only caught small squirrels since returning to his desert…