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
The Isolation of Addiction | Breakthrough
The similarities with all kinds of addiction is you get that first good feeling from using something, and your brain just remembers the good part. Whether there’s a negative—I, oh, I didn’t have any money after that, I didn’t, I mis-rent or whatever—your …
These Twins Show That Race Is A Social Construct | National Geographic
My name is Marcia and I’m 11 years old. My name is Mary and I’m 11 years old. When they see us together, some don’t believe that we’re twins. They don’t believe us; they’re like, “Oh really? I never noticed that. I thought you were just friends,” because …
How To Get Rich According To Richard Branson
There are a million ways to make a million dollars, and in this video, we’re looking at how the rebel billionaire himself, Richard Branson, did it. When he left high school, his headmaster told him, “You’re either going to become a billionaire or end up i…
How interest rates affect interest rates, financial flows, and exchange rates
What we’re going to do in this video is try to think of the chain of events that would happen if the supply of loanable funds were to increase in the United States. The way that that could happen is, let’s say, the Federal Reserve were to, so to speak, pr…
Llamas Bring Happiness to Nursing Home | National Geographic
If you had someone and you said, “Let’s go look at a llama,” the llama’s coming in the building. My gosh! When does a llama come in the building? As soon as they see Travis in the building, everybody just wants to touch him repeatedly. Even when you come …
The Cosmic Connectome | Cosmos: Possible Worlds
[Horn honking] [Siren wailing] A city is like a brain. It develops from a small center and slowly grows and changes, leaving many old parts still functioning. New York can’t afford to suspend its water supply or its transportation system while they’re bei…