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 SAT Question Everyone Got Wrong
In 1982, there was one SAT question that every single student got wrong. Here it is. In the figure above, the radius of circle A is 1⁄3 the radius of circle B. Starting from the position shown in the figure, circle A rolls around circle B. At the end of h…
A Former FBI Agent Explains the Terrorist Watch List | Explorer
What exactly can the government do to him, to any of us, whether we’re on the watch list or not? As a journalist, my first hunch is to go straight to the source. Michael German is a former FBI agent who has experience with the terrorism watch list. What …
15 Things You Buy That Make You Richer
Poor people think that spending money makes you poor, but that’s not a universal truth. When the average person spends money, they do get poorer; but smart and successful people have figured out ways to spend money and get richer because of it. By the end…
It’s Over: China Just Broke The US Dollar
What’s up guys, it’s Graham here. So it’s official: China and Brazil have just struck a deal to ditch the US dollar. Whoops! Okay, before everyone freaks out, don’t worry, it’s a fake build for dramatic effect, but the point still remains. The world’s sec…
How Much Should You Spend After Fundraising? - Gustaf Alströmer
How much money should I spend after I erase my seed round? The reason I feel so strongly about this topic is I see way too many companies spend way too much of their money way too fast. Running out of money is a top concern; your company will die. You sho…
Sports Betting Is Destroying Young Men
In May of 2023, Ivan Tony, an English soccer player who plays for Brentford Football Club in the English Premier League, was banned from soccer for eight months and fined $62,500 after being found guilty of 232 breaches of the Football Association spendin…