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
Mitigation and Adaptation: Human Stories of Hope | Explorers In The Field
(soothing guitar music) Climate change is a human story. The causes of climate change are man-made, and the solutions must be man-made. How much of the landscape— In order to reduce climate change, in order to adapt to these changes and to mitigate our i…
State of the aviation industry amidst war in Europe
Most of the globally aware and affected population were a bit shocked last week when Russia actually initiated its invasion of Ukraine. Of course, I’m not a political accommodator, but war is horrible no matter how you look at it. My heart goes out to all…
David Coleman, College Board CEO, on school closures impact to SAT & AP exams | Homeroom with Sal
Stream. For those of you all who have not been here before, this is a way for us all to stay connected. As you have now school closures around the world, Khan Academy is a not-for-profit with a mission of providing a free, world-class education for anyon…
First-Time Sellers | Live Free or Die
[Music] Tony and Amelia’s produce should bring in $200 price tag for a litter of pigs, but this is their first farmers market, and they’re facing stiff competition. Customer: Hey, you want to buy some stuff? Customer: Hi, yeah, um, yeah, I’m actually l…
Khan Academy Ed Talks - Reimagining School with Sal Khan, Rachel E. Skiffer, & Kim Dow
Hi everyone, Sal Khan here from Khan Academy. Welcome to Ed Talks! You could view this as a flavor of our homeroom live stream that we’ve… we, we focus more on education topics. Uh, first of all, I want to wish everyone a happy new year! Hopefully, your …
Biased and unbiased estimators from sampling distributions examples
Alejandro was curious if sample median was an unbiased estimator of population median. He placed ping-pong balls numbered from zero to 32 in a drum and mixed them well. Note that the median of the population is 16. He then took a random sample of five bal…