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
How did Russia begin? | 1450 - Present | AP US History | Khan Academy
What we’re going to talk about in this video are the origins of the Russian people, and in particular, we’re going to talk about the eastern Slavs, whom not just modern Russians, but also Ukrainians and Belarusians view as their ancestors. So, let’s thin…
The Top 6 Reasons why I Invest in Real Estate!
What’s up, you guys? Scram here. So, this is a topic I get asked even more often than how to become a real estate agent, and it’s on the topic of investing in real estate. So, everyone always wants to know how to invest in real estate, what I look for wh…
Empowering Young Women - Susan Wojcicki on Homeroom with Sal
Hi everyone! Sal Khan here from Khan Academy. Welcome to the homeroom, I guess we say, live stream and podcast, although we are pre-recording today’s session. First of all, happy International Women’s Day! We have a very exciting guest today to talk about…
Robot vs. Volcano: “Sometimes It’s Just Fun to Blow Stuff Up” (Exclusive) | National Geographic
It was a dedicated mission to take technology to the absolute limits and then destroy it. Oh yeah, those guys got to be careful. I don’t think we can get much closer to a big seismic event underwater than this. We were at Kavachi a couple years ago and we…
Beta decay | Physics | Khan Academy
Did you know that paper industries can use radioactivity to ensure consistent thickness throughout the paper? That’s right! But doesn’t it make you wonder how do you use radioactivity to do that? Well, let’s find out. If you have a very heavy nucleus, th…
TIL: We Could Give Mars Our "Cooties" | Today I Learned
Human beings are really dangerous to the surface of Mars. Let’s say life did exist on the surface of Mars; would it be able to withstand the bacteria, the viruses, all of the bad things that we have on Earth, without having the protection? Because it’s ne…