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
Worked example: Determining the effect of temperature on thermodynamic favorability | Khan Academy
Let’s do a worked example where we calculate the standard change in free energy, ΔG⁰, for a chemical reaction. For our reaction, let’s look at the synthesis of ammonia gas from nitrogen gas and hydrogen gas at 25 degrees Celsius. ΔH⁰ for this reaction is…
How To Make Friends
Friends make life good. They provide the scaffolding that makes it not just bearable, but fun. They give us a sense of meaning and purpose and are a source of security, self-esteem, and happiness. Almost nothing predicts how happy you will be as how conne…
How to stop mentally escaping
So I was watching this Woody Allen film called Hannah and Her Sisters, and in the movie, there’s this scene where Michael Caine’s character, Elliot, is sitting at the dinner table with his wife, Hannah. Now, Elliot is completely emotionally detached; he i…
A Case of Mistaken Identity | Shark vs Surfer
Marjorie was likely bitten by a tiger shark, one of the main culprits of shark attacks on surfers in Hawaii. Tiger sharks tend to be solitary hunters. They’re feeding on large prey items, and they have the jaws and the hardware that enable them to take th…
Continuity at a point | Limits and continuity | AP Calculus AB | Khan Academy
What we’re going to do in this video is come up with a more rigorous definition for continuity and the general idea of continuity. We’ve got an intuitive idea of the past; that a function is continuous at a point is if you can draw the graph of that funct…
Analyzing graphs of exponential functions | High School Math | Khan Academy
So we have the graph of an exponential function here, and the function is m of x. What I want to do is figure out what m of 6 is going to be equal to. And like always, pause the video and see if you can work it out. Well, as I mentioned, this is an expon…