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
How Fear and Anxiety Drove Human Evolution | Nat Geo Explores
The heart races. Deep breaths are hard to find. Blood rushes through the body; that’s fear. Anxiety, scientifically, we tend to talk about fear as being a response to immediate threats, which is right there in front. First, anxiety is where there’s the po…
Free energy of dissolution | Applications of thermodynamics | AP Chemistry | Khan Academy
The term dissolution refers to the dissolving of one substance in a solvent. The dissolved substance is now called a solute, and the solute plus the solvent form a solution. If the standard change in free energy, delta G naught, is less than zero, the dis…
Jessica Livingston Speaks at Female Founders Conference 2015
Hello everyone! Hi! I’m so happy to be here today and have you all here. Um, wow, there are a lot of you! Oh, that’s better! And I know a lot of you have traveled from really far away too, so this is just wonderful. Um, I have a quick question: how many o…
AIDS 101 | National Geographic
(Dramatic music) - [Narrator] About 37 million people around the world are currently living with AIDS, making the disease one of the worst pandemics in modern history. AIDS, or Acquired Immunodeficiency Syndrome, is a disease in which the human immune sys…
Comparing the effects of the Civil War on American national identity | US history | Khan Academy
It’s hard to imagine anything more transformative in American history than the Civil War. Before the Civil War, the United States was a largely rural, barely unified collection of states, not making much of a blip on the world stage. After the Civil War, …
I Am Associated With Red Straps Now #shorts
Are there any watches where you think you shouldn’t put a red strap on? I own a 5711 in its mintage form. I wear it; the bracelet for that is part of the heritage of the piece. But it means it can’t take the journey with me onto television because I’m ass…