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 much I pay in taxes on a $163,800 per month income
What’s up you guys? It’s Graham here. So, as most of you probably know, I don’t have a life because I’m constantly sitting here reading and replying to all the comments. And it’s a good thing I do that because anytime I see a recurring question or any sor…
A path to ending systemic racism from Bill Lewis, former NAACP LDF co-chair | Homeroom with Sal
Hi everyone, welcome to the daily homeroom live stream. We’re doing it a little bit earlier than normal, uh, because we have a guest that we really wanted to talk to who was available a little earlier than normal. First of all, for those of you wondering…
12 STOIC PRINCIPLES FOR IMMEDIATE LIFE TRANSFORMATION | STOICISM INSIGHTS
Welcome back to Stoicism Insights, your go-to destination for timeless wisdom and practical life lessons inspired by the ancient philosophy of Stoicism. Today, we have something special in store for you. Prepare to embark on a journey of self-discovery, r…
It’s Over: Why The Middle Class Is Financially Screwed
What’s up guys, it’s Graham here. So usually when I see a mistake or something that shouldn’t be happening, I like to call it out and share my thoughts because investing is something I take extremely seriously, and today is no exception. During a time whe…
A productive day in my life vlog
Hi guys, it’s me, Dude! Today, we’ll look at a day of a productivity ninja. I woke up at 5:30 AM using my Yabai sunlight alarm. I represented my waking up scene to show you guys how I feel when I wake up super early. We had many things to do this day, so…
$26,000 GOVERNMENT GRANT (Employee Retention Credit)
Why does nobody know about the employee retention credit? I want you to get this money. You’d be crazy not to get this. Instead of the car, it’s cash; it’s your cash you paid this. It pays up to twenty-six thousand dollars per employee that was on the W1 …