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
AP Chemistry multiple choice sample: Boiling points
Consider the molecules represented above and the data in the table below. We have the structure up here for non, the structure for 2, 3, 4-triopentane, which is really hard to say, so I’m going to abbreviate that TFP. Um, and we have this data in the tabl…
Caribou Blanket | Life Below Zero
Mr. Caribou hides gonna make a nice blanket. You don’t just rip a caribou hide off of the caribou and start sleeping on it. It’s got to be cleaned up. There’s still fat on here. There, these warm flies lay eggs on caribou and their fur. In summertime, the…
A.I. Policy and Public Perception - Miles Brundage and Tim Hwang
Alright guys, I think the most important and pressing question is, now that cryptocurrency gets all the attention and AI is no longer the hottest thing of technology, how are you dealing with it? Yeah, Ben Hamner of Kaggle had a good line on this. He sai…
See the Brooklyn Bridge Model Made From 5,000 Plastic Bottles | National Geographic
[Music] I want people to feel emotion, because when art, until the moment of caring, it allows people to connect to an issue that they are otherwise not sensitive to. It allows them to change their inner attitude, because who you are on the inside is how …
Apocalypse | A Pastor, A Rabbi and an Imam | The Story of God
Okay, so stop me if you’ve heard this one: a rabbi, a pastor, and an imam walk to a bar. Okay, so it wasn’t a bar; it was a diner to discuss my show, “The Story of God,” about the apocalypse. So the rabbi says, “Share with me a little bit about how the I…
Misnomers
Hey Vsauce, Michael here. I’m sorry. Look, I didn’t name myself, but apparently Michael is the ninth most disliked baby name for a boy - according to a survey by BabyNameWizard.com. At least it didn’t top the charts like the rhyming ‘a den’ names - Jayden…