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
Factoring completely with a common factor | Algebra 1 | Khan Academy
So let’s see if we can try to factor the following expression completely. So factor this completely. Pause the video and have a go at that. All right, now let’s work through this together. The way that I like to think about it is I first try to see if th…
15 Habits to Improve Your Life
You know, improving your life doesn’t have to be complicated or overwhelming. Sometimes it’s the small, consistent changes that can lead to the most significant improvements. Life is a journey, and by making simple adjustments to your daily routine and mi…
The aftermath... Tenants Stopped Paying Rent
What’s big, eyes? It’s Graham here. So last month, I addressed a highly publicized article which found that nearly 1⁄3 of Americans were unable to pay their rent for the month of April. At the time, that was a very alarming statistic. For someone who has…
Solving unit price problem
We’re told that Nieria earns $75 for four hours of tutoring. How much does Nieria earn for one hour of tutoring? Pause this video and see if you can figure that out. Well, the key here is $75 for four hours of tutoring. There’s a couple of ways you could…
Safari Live - Day 272 | National Geographic
This program features live coverage of an African safari and may include animal kills and carcasses. Viewer discretion is advised. Good afternoon everybody and welcome to a stormy, blustery, windy Masai Mara. We’ve had a massive storm that has just blown…
Conditions for valid confidence intervals | Confidence intervals | AP Statistics | Khan Academy
What we’re going to do in this video is dig a little bit deeper into confidence intervals. In other videos, we compute them; we even interpret them. But here we’re going to make sure that we are making the right assumptions so that we can have confidence …