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
Gordon Goes Spearfishing for Snapper | Gordon Ramsay: Uncharted
Beautiful. Yeah. While it will be easy to spend the rest of the day relaxing on this beautiful beach, there’s work to be done underwater. That snapper I just tasted is exactly what I need for my big cook, and legendary local spear fisherman Tony is the ma…
Why Reflection and Meditation are Essential
People get overwhelmed so easily these days. There’s so much coming at us, and we let it come at us through technology very often. You’ve been a lifelong meditator. I love if you just tell us how important that’s been, what meditation has meant to you, an…
Startup Business Models and Pricing | Startup School
Foreign [Music] I’m Aaron Epstein. I’m a group partner here at Y Combinator, and in this video, we’re going to be talking about business models and pricing. There’s three main things that we’re going to cover in this video. The first is the nine business …
Commas in space and time | The Comma | Punctuation | Khan Academy
Hello Garans, hello Paige, hi David. So today we’re going to be talking about commas in space and time because commas have basically one function, which is separating parts of sentences. Separating parts of sentences. What’s neat is that we can use comma…
2015 AP Calculus BC 2b | AP Calculus BC solved exams | AP Calculus BC | Khan Academy
[Voiceover] Part b. “For zero is less than t is less than one, there is a point on the curve at which the line tangent to the curve has a slope of two.” The line tangent to the curve has a slope of two. “At what time is the object at that point?” So, the …
Activate – Trailer | National Geographic
I was lucky enough to be born into a situation where the basic necessities of life—food, shelter, clothing, education—were freely available to me. Nothing I did; I just happened to get it. And then there’s a billion people on the planet—nothing they did, …