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
Strange Forensics | Explorer
[sirens blaring] NARRATOR: In a post-9⁄11 world, the field of forensic science has become more urgent and important than ever. Deaths related to global terrorism have spiked. And in 2015 alone, more than 29,000 people were killed as a result of terrorist…
She Is Not For You
And we had a night class. A few years ago, I’ll never forget it. This guy puts up his hand, who hasn’t contributed anything all night. He says, “Listen, I’ve been running this business out of my dorm, and I’m about to graduate. It’s a cloud business that …
Charlie Munger on Why Most Investors Can’t Outperform the Market
And by the way, my definition of being properly educated is being right when the professor is wrong. Anybody can spit back what the professor tells you. The trick is to know when he’s right and when he’s wrong. That’s the properly educated person. In the…
How To Be More Likeable & Charismatic
Imagine walking into a room and feeling the atmosphere shift as all eyes turn toward you, not out of judgment, but pure interest and warmth. This isn’t a rare, unattainable skill reserved for a select few; no, it’s a powerful, accessible tool called likab…
Go Behind The Scenes with Illustrator Christoph Niemann | National Geographic
You come to Cambodia and Vietnam going down the Mekong River, and you learn a lot here. The biggest realization I had was the only exotic thing here is me. This place has been around for 2,000 years; everything is perfectly normal. But this, for me, is th…
7 Anti-Stoic Habits To Remove From Your Life Now! (A MUST WATCH STOICISM GUIDE)
Marcus Aelius, a famous Stoic philosopher, once said: “The happiness of your life depends upon the quality of your thoughts.” This quote reminds us of how our thoughts affect our reality and our health. Just as the people we hang out with can have a big e…