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
Gamma decay | Physics | Khan Academy
If there’s a tumor deep inside the brain, how do you get rid of it without damaging the healthy tissues? One way is using a procedure called gamma knife radiosurgery. What’s funny about this is it neither uses a knife nor is it a surgery. Instead, it uses…
Crowd-funding: Tips
So, as some of you might know already, uh, I’ve been running a crowdfunding campaign to fund the production of the follow-up to my George or to help animation that I made last year. It’s in the final days of the campaign, so if you didn’t check it out alr…
The 2020 Mortgage Crisis Explained
What’s up guys? It’s Graham here. So lately I’ve been hearing a lot of talk about this upcoming mortgage crisis. Not to mention, pretty much every single news website in existence is mentioning it. So let’s talk about it. And instead of creating some sor…
i just lost everything in crypto
And there’s no easy way to say this but, you know, I vote. I’ve always been honest with this channel. I’ve always been pretty upfront with everything. Wow, I didn’t expect to be this nervous about discussing this. I’ve actually probably actually pretty ne…
Vlog: I counted almost $30,000,000 worth of cars in this parking lot!
What’s up you guys? It’s Graham here. So it seems like every 10,000 subscribers, I end up doing another vlog, and since I just hit 30,000 subscribers, here’s another vlog! I actually think it’s more like 34,000 by the time I’m actually doing this. I’m pro…
Constitutional compromises: The Electoral College | US government and civics | Khan Academy
In this series of videos about the Constitution, we’ve been discussing all the elements of balance and compromise that appear in the Constitution. The balance between large states and small states and between the different branches of government. But in t…