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
Fake Beams - Smarter Every Day 186
Hey, it’s me Destin. Welcome back to Smarter Every Day! So, if you watch Smarter Every Day for any length of time, you know that it’s about whatever I’m thinking about—like in Eclipse, or how brains work, or helicopters, or management, or whatever. You di…
Explore the Hidden and Fragile World Inside Caves | Short Film Showcase
Oh [Music] my name is Nancy Ellen Bach. I am a second-generation caterer. I’ve been caving my entire life. I feel more at home underground than I do anywhere else. This is where I belong and I am a sustaining contributor of the Southeastern Cave Conservan…
15 Biggest Obstacles You'll Have in Your Life
Hey there, Alaer! Welcome back. Today’s chat is a little bit longer than usual because we really wanted to do all of these obstacles justice. You might not face every one of them in your life; we certainly hope not, but chances are you faced some of these…
This Book Has No Words
Book From the Ground by Juing is a novel written entirely in pictogram symbols, icons, and logos. It tells the story of a day in the life of an office worker. You don’t need to know any particular language to read this book; you only need to be familiar w…
Animal Survival Technique - Smarter Every Day (T-5)
Hey, it’s me, Destin. We got a lot of rain here in Alabama over the last couple of weeks, and I wanted to show you an interesting survival technique I’ve found in one of the local species. Anyway, you can see all the area behind me used to be a wide ope…
Short run and long run equilibrium and the business cycle | AP Macroeconomics | Khan Academy
What we’re going to do in this video is talk about the notion of equilibrium in a macroeconomics context. So let’s review a little bit of what we’ve already studied about aggregate demand and aggregate supply. So this vertical axis here, that is the pri…