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
Quick and Easy Voting for Normal People
Hello Internet! You know I love me some voting videos. These, however, are mostly about how organizations can improve their elections. But normal people need better voting too. Say a group of you are trying to decide what to have for dinner. There are th…
Perfect square factorization intro | Mathematics II | High School Math | Khan Academy
We’re going to learn to recognize and factor perfect square polynomials in this video. So, for example, let’s say I have the polynomial x² + 6x + 9. If someone asks you, “Hey, can you factor this into two binomials?” Well, using techniques we learned in o…
Canada's Largest Drug Bust | Narco Wars: The Mob
You have to be pretty top notch in your profession just to survive it all. You get heavy turbulence; you got to slow the aircraft down because you could have structural failure, like losing a wing. Wouldn’t be much fun! A North Atlantic storm in November,…
Overview of early Judaism part 2 | World History | Khan Academy
[Instructor] In the last video, we started with the story of the Patriarchs in Genesis. How Abraham settles his people in Canaan, but eventually they get enslaved in Egypt. According to the Old Testament, that enslavement lasts for over 500 years until we…
Limitations of GDP | Economic indicators and the business cycle | AP Macroeconomics | Khan Academy
In other videos, we have already talked about the idea of GDP in some depth—gross domestic product, a measure of the aggregate goods and services produced in a country in a year. But what we’re going to discuss in this video is how good a measure GDP is, …
Shark Tank Star's Secret Identity EXPOSED | Ask Mr. Wonderful #23 Kevin O'Leary & Daymond John
[Music] Oh [Music] [Music] Throughout that far [Music] Damon, we’ve been together on Shark Tank forever. What have you learned now after spending ten years on the show? What’s different now? What’s changed for you? The quality of the deals are much diffe…