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
Evaluating quotient of fractional exponents | Mathematics I | High School Math | Khan Academy
Let’s see if we can figure out what 256 to the 47th power divided by 2 to the 47th power is, and like always, pause the video and see if you can figure this out. All right, let’s work through this together. At first, you might find this kind of daunting,…
When Money is No Longer an Issue
You’ve made more money than you could possibly imagine. You and your loved ones will not have to worry about financial problems for the rest of your lives. But there is a lot more life left. So what do you do now, especially since you’re struggling to fin…
Warren Buffett's Latest Stock Market Moves! (Berkshire Hathaway Portfolio Update)
Well, it’s that time again. We’ve waited patiently for 45 days after the end of Q3, and thus Warren Buffett has released Berkshire Hathaway’s 13F filing. So, in this video, we’re going to be doing a deep dive into exactly what Warren Buffett has been buyi…
WHAT IS THIS LINE? (on my Super Blue Blood Moon Photo) - Smarter Every Day 188
Hey, it’s me Destin. Welcome back to Smarter Every Day. Super. Blue. Blood. Moon. I heard those words and I was like, “Mmhmm, that’s my life now.” So, here’s the deal. “Supermoon” refers to the fact that the Moon goes around the Earth in an ellipse. When …
2000 Berkshire Hathaway Annual Meeting (Full Version)
Good morning! The first thing I’d like to do is to thank everybody that’s helped us put this on. As you saw in the movie, I think at the time we may have had 45,000 or so people working with Berkshire with 12.8 at headquarters. We’re probably up to about …
15 Steps To Master Self-Discipline
Fifteen Steps to Master Self-Discipline Welcome to A Lux, calm the place where future billionaires come to get inspired. Hello, A Luxors! It feels amazing to dive into this particular topic. You’ve been bugging us for multiple weeks that this is the vide…