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
Wood Yearning Life Below Zero
Coming with me, getting a boat, dog. I’m gonna go down river. I’m gonna go get firewood, and I’m gonna take my chainsaw. I’m gonna hunt and kill trees, and I’m gonna come back here with some tree flash. Come on, good girl. The hailstones spend their summ…
The Evergrande Crisis Continues...
Alright guys, welcome back! It’s time for an update video on Evergrande. I told you it would be a crazy week, and it certainly was. However, Evergrande is still standing, at least for now. So let’s get up to speed on exactly where Evergrande is at with th…
Regulate | Vocabulary | Khan Academy
All right wordsmiths, what’s up? The word of the day today is “regulate.” It means to make rules that control something. I’ll throw in a 10-second music break. Tell me if you can identify any other common English words that start with “Reg.” Alright, her…
Daily Live Homeroom With Sal: Wednesday, March 25
Hi everyone! Sal Khan here for our daily live stream. Just as a reminder of what this is for some of y’all who might be new: as the school closures have kind of rolled out around not just the country but the world, we realized that there’s a lot of demand…
2015 AP Calculus BC 6a | AP Calculus BC solved exams | AP Calculus BC | Khan Academy
The McLen series for a function ( f ) is given by, and they give it in Sigma notation, and then they expand it out for us. It converges to ( f(x) ) for the absolute value of ( x ) being less than ( R ), where ( R ) is the radius of convergence of the McLe…
15 RULES for RECESSIONS
The economy is a game of musical chairs. The chairs are money. When a recession starts, the music stops, and some people and companies are left without a chair. That’s the situation until the music starts up again. Recessions are periods of time where the…