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
Capturing the Impact of Avalanche Rescue Dogs | National Geographic
[Music] It’s impossible to spend time with animals and not walk away feeling that something else is going on in there. I’m very passionate about trying to tell a story about animal intelligence, so this assignment with National Geographic on avalanche dog…
Estimating 2 digit multiplication example
So we are asked, “?” is roughly equal to this squiggly equal sign right over here. This means roughly equal to, so not exactly equal to 44 times 78. So one way to think about it is 44 times 78 is roughly equal to what? So they’re really asking us to esti…
Brown v. Board of Education of Topeka | National Constitution Center | Khan Academy
Hi, this is Kim from Khan Academy, and today we’re learning more about Brown versus Board of Education of Topeka. Decided in 1954, Brown vs. Board was a landmark case that opened the door for desegregation and the modern civil rights movement. In Brown, t…
Corn Dogs and Crushes: Teen Love at a Fair in the American South | Short Film Showcase
You either come here with somebody who has friends, or you come here to be exclusive, and you sit there and you show each other all. It’s all about being things. So, I’ll come right here to talk to girls. Some girls, I see a lot of pretty faces, pretty go…
Cracking the Enigma of Ollama Templates
In olama, the template and parameters and maybe the system prompt and license are all part of the model. This is one of the strengths of the platform and it’s why it’s the easiest to use for beginners and advanced users alike. Every other tool that runs A…
Fired Up About Dark Matter | StarTalk
All right, number two. This next question is from, okay, let’s see. This is, uh, this is from David Crosby. Oh, okay, and in his interview with you, he asked me, he was asking me questions. You tell me, you snap, you clipped the question. I clipped a que…