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
Is Iron Man’s Arc Reactor Possible? | StarTalk
This first question is from Mr. Awesome via Twitter. He says, “Ma, your hair looks great!” Thank you! Um, he says, “Is something like Tony Stark’s Arc Reactor possible?” Arc Reactor M, this is the thing in his chest. Here’s my take on it: If you’re produ…
Industrialization and imperialism | World History | Khan Academy
This is a map of European colonial possessions in the early to mid-1700s, and you immediately see a few things. Spain has a lot of territory in Central and South America. Even the small country of Portugal, because of its prowess during the Age of Explora…
The Reality of Being a Successful YouTuber
June 2017. I just graduated high school and wasn’t entirely sure where I was going with my life. All my friends had moved away, and I was stuck in my small hometown with quite literally no one by my side. On a cool summer night, I went out to the park wh…
What Colour Is Most Attractive?
[Music] The Sydney dating scene is pretty superficial. But what do people want in a partner? We asked some local Sydneysiders to rate these two stock photo babes out of 10 based purely on their looks. “How would you rate him?” “Six.” “Six? Yeah, lovely s…
Gamestop Stock CRASHES! But Who Won the Battle?
Well folks, what an amazing ride it has been! But it seems as though the Gamestop saga is finally drawing to a close. So in this video, what we’re going to be looking at is who were the winners and who were the losers out of this whole ordeal that saw Gam…
Civic life, private life, politics, and government | Citizenship | High school civics | Khan Academy
In this video, we’re going to talk about how people can interact with influence and participate in society. When you do so, you’re participating in civic life, which is distinct from your private life. Private life includes all the ways that you pursue h…