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
Steve Varsano talks about his experience in aviation
When you’re selling a jet for a company, that company is either moving up to a bigger, newer jet, or the company’s having problems and they’re selling the jet and they’re getting out of the business of operating their own corporate jet. If it’s the latte…
Finding Nemo's Plot Mistake - Smarter Every Day 115
[ music ] Hey, it’s me Destin, welcome back to Smarter Every Day. Tonight is… what? Family movie night! Very good, what are we going to watch tonight? What is this? Nemo! OK, let’s go. What happened to the mommy? He didn’t… he got ate, maybe. She did. [ D…
Homeroom with Sal & Nikole Hannah-Jones - Thursday, July 30
Hi, everyone, Sal here from Khan Academy. Welcome to our Homeroom live stream. I’m very, very excited about our conversation that I’m about to have with Nikole Hannah-Jones. But before we jump into the conversation, I wanna give my standard announcements …
How To Stop Living Paycheck To Paycheck
What’s up, guys? It’s Graham here. So, let me tell you a quick story about what just happened. I was going about my day, a normal day, just like any other, and I decided to open up the internet to see what people were talking about, what was happening in …
8 STOIC LESSONS MEN LEARN LATE IN LIFE ! | STOICISM INSIGHTS
Welcome to Stoicism Insights, your beacon of inspiration and guidance in the journey of self-improvement and wisdom. Today we’re diving into a powerful exploration of life’s most impactful lessons. This video is more than just a watch; it’s a transformati…
Ask me anything with Sal Khan: May 8 | Homeroom with Sal
Hey everyone, Sal Khan here from Khan Academy. Welcome to our daily homeroom live stream. If it’s your first time and are wondering what is this? This is a live stream that we started doing every day since school closure started happening ‘cause we realiz…