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
Nadal vs Alcaraz - who is better?(eng sub) #tennis #nadal #alcaraz
Hello viewers and subscribers! Sorokin - Tennis, and in this video I would like to talk about the person who at last, for a very long time, more than 10 years, for the very first time will be able to change the big 3. This is Alcaraz, about the new king o…
Modeling with composite functions | Mathematics III | High School Math | Khan Academy
[Voiceover] “Carter has noticed a few quantitative relationships related to the success of his football team and has modeled them with the following functions.” All right, this is interesting. So he has this function, which he denotes with the capital N…
15 Things You Can Do Today To Instantly Improve Your Life
Good things happen to those who wait, but what about those who don’t want to wait? Is there anything you can do now to instantly improve your situation? Is there anything that has an immediate impact on the quality of your life? Of course, there is. Okay…
Primary Elections Explained
Primary elections are how political parties in the United States pick their strongest candidate to run for president. The parties do this by holding mini-elections in each of the states, and the candidates with the most votes from these elections become t…
What Is The Resolution Of The Eye?
Hey, Vsauce. Michael here. I am at the White House, in America’s capital, Washington, D.C. America makes a lot of feature films every year - Hollywood. But they don’t make the most feature films every year. Nigeria makes more. But the country that makes t…
Big Short Investors Weigh In On The Banking Crisis (Credit Suisse - Michael Burry, Steve Eisman)
Hello everyone and welcome back to yet another episode of which major bank is failing this week! What a massive season it’s been for the show. We’ve had Silvergate on the program, we had Silicon Valley Bank bite the dust last week, it was all Signature Ba…