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
See How Dancing Helps This Young Refugee Feel Welcome in a New Country | Short Film Showcase
[Music] [Music] [Music] We’re gonna do the question of the day. I am from Karachi, Pakistan. I’m nervous but got them from blast. Everyone looking for my face. I want to be a little bit challenged, so to be ready in September for school, you need to anal…
Bullet Block Explained!
In my last video, we performed an experiment in which two identical wood blocks were shot with the same rifle, one through the center of mass and the other one slightly off to one side. Now, if you haven’t seen that video yet, then click here now and go a…
Save the Ocean, Save Ourselves | Sea of Hope: America's Underwater Treasures
There’s been this arc to my career in the sense that in the beginning I just wanted to make beautiful pictures. But I began more and more to see all these problems happening in the ocean. Fewer fish in the places I used to see many fish, or not as many sh…
AK-47 Underwater at 27,450 frames per second (Part 2) - Smarter Every Day 97
Hey, it’s me, Destin. Welcome back to Smarter Every Day! So, I’ve been learning a lot about guns underwater, which is pretty cool. I mean, in the first video, I learned all about what’s happening back here in the action. But the problem is, because of lim…
Apple Vision Pro: Startup Platform Of The Future?
How much of like the hard interesting stuff Apple did is with the hardware in The Vision Pro versus the software? Well, you need to understand the real world in order to augment it—technology of a self-driving car but on a headset. This is maybe where Fou…
Worked example: Calculating an equilibrium constant from initial and equilibrium pressures
Let’s say we have a pure sample of phosphorus pentachloride, and we add the PCl5 to a previously evacuated flask at 500 Kelvin. The initial pressure of the PCl5 is 1.6 atmospheres. Some of the PCl5 is going to turn into PCl3 and Cl2. Once equilibrium is r…