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
Is Your Privacy An Illusion? (Taking on Big Tech) - Smarter Every Day 263
Oh, hey, how’s it going in this video? You’re the frog. Hey, what’s up? I’m Destin. So what I would like to do today, with your permission, is I would like to use any trust that I’ve earned with you throughout the years here on Smarter Every Day. And I w…
Second partial derivative test example, part 1
So one common type of problem that you see in a number of multivariable calculus classes will say something to the effect of the following: find and classify all of the critical points of, and then you’ll insert some kind of multivariable function. So fi…
Seth Klarman's Warning for "The Everything Bubble"
The first thing is, we’ve been in an everything bubble. I think that a lot of money has flowed into virtually everything. You’ve had speculation during that bubble in all kinds of things from crypto to meme stocks to SPACs. That day is Seth Klam, and he …
YC Tech Talks: MMOs in the Instagram Era: Highrise (S18)
Um, hi everybody. I’m Jimmy. I’m the co-founder and CTO of Pocket Worlds, where Highrise is. We built Highrise, the app which is available on iOS and Android, and I think to date it has over 5 million downloads, and we’re grossing over a million a month i…
Mohnish Pabrai SELLS his Alibaba Stock!
All right team, in this video we are talking about Monash Proprietor’s most recent 13F filings. So this gives us an update to what he was doing with his US listed stocks in the third quarter, of which he owns three: Micron’s, Heritage, and Alibaba. And le…
Syria, Israel, Ukraine - A New Decade of War
10 years ago, in 2014, we asked if war was over. Based on long-term trends in the last century, it seemed violent conflict was on the decline and the world more peaceful than ever. Our video began with the Russian invasion of Ukraine and the war between H…