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
The Big Misconception About Electricity
This video was sponsored by Caséta by Lutron. Imagine you have a giant circuit consisting of a battery, a switch, a light bulb, and two wires, which are each 300,000 kilometers long. That is the distance light travels in one second. So, they would reach o…
Formula 1 Driver's INSANE Watch | First Time Reviewing H.Moser & Cie
This is craftsmanship. This is what we love in Swiss traditional watchmaking. What a dial! It just explodes! Smoky hot, it’s beautiful. Good [Music]. Question: this is wonderful. Here with a story of a rather unique brand, it’s H. Moser, but everybody ju…
5 Things You Need to Know About Death | Explorer
In the United States, we are so far removed from that. We really are a death-denying culture; it’s just not something we think about. It’s not something we take seriously. I think the role of the funeral director many times is to take folks who have never…
Mean of sum and difference of random variables | Random variables | AP Statistics | Khan Academy
Let’s say that I have a random variable X, which is equal to the number of dogs that I see in a day. Random variable Y is equal to the number of cats that I see in a day. Let’s say I also know what the mean of each of these random variables are, the expec…
Startup Experts Discuss Doing Things That Don't Scale
There’s nothing like that founder FaceTime in the early days, right? And that’s a great example of something that doesn’t scale, but that’s so important in recruiting customers, recruiting employees, anything you can do to optimize for these learnings is …
Why Four Cowboys Rode Wild Horses 3,000 Miles Across America (Part 1) | Nat Geo Live
They asked me to, um, start off this speech with a kick. He keeps getting them in and getting them. I mean, J, you cannot eat this stuff! You know what the best thing to do, if you can get in there, just pull it out like a comb. Oh, all right, man, God. …