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
Warren Buffett Just Sold One Of His Biggest Stocks.
Well, it’s that time of year again. The 13F filings are out, which means we get to peek inside the portfolios of the world’s best investors. If we look to the biggest, best investor of them all, Mr. Warren Buffett, there was some very intriguing activity …
The MILLIONAIRE MINDSET Explained (Become Successful Today!)| Shark Tank's Kevin O'Leary
Things that interest you give you lots of energy. Things you don’t want to do, you keep procrastinating, which is horrible. Nobody says, “Hey, you’re doing a great job.” I just want to send you an email. They say, “Here’s five problems I’m having right no…
Are You A Nihilist?
We all know how it goes. One day we’re born, one day we die. Everything that happens in between we know and understand, but everything that happened before and will happen after we know nothing about. As a result, it’s really difficult to say what exactly…
Rainforests 101 | National Geographic
(Birds chirping) - [Narrator] Shrouded in a blanket of clouds, they awaken. Their canopies of green glitter in the sun. Their wildlife start to slither. (Snake hissing) - Chirp. (Birds chirping) - And growl. (Growling) - And one of the planet’s richest ec…
Deriving formula for centripetal acceleration from angular velocity | AP Physics 1 | Khan Academy
[Instructor] In multiple videos we have already talked about if something is moving in a circular motion at a fixed speed, its velocity is constantly changing. Why is that? Because velocity is a vector, and a vector has not just a magnitude, which would…
The kg is dead, long live the kg
On November 16th, representatives from nearly 60 nations will be meeting in Versailles, France, to vote to change the definition of a kilogram. Not only that, they will also be changing the fundamental unit of temperature, the kelvin, the unit for amount …