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
Birth of the Slacker | Generation X
Most Gen Xers are in school during the crash, so at first they think, “Like, so what?” I’d never quite understood the stock exchange game enough to be interested. I would like to meet this Dow Jones; I thought he was a guy in all the Disney movies. I viv…
15 Signs You are the New Rich
When talking about rich people, you probably picture some old or wrinkly white man wearing a suit, sitting in a boardroom. Well, there is a new kind of rich individual that stays as far away as possible from this kind of identity. They don’t give an f abo…
How To Become A Metaverse Millionaire In ONE Year (My Plan)
The best way to understand the metaverse is to experience it yourself. Alright, so let’s talk about the metaverse because this could be big, not only as a way to make a lot of money but also in terms of how all of our future experiences could be right her…
How I Bought This House For $0
I’m very proud to say that this property right here was free. It cost me zero dollars. I was able to buy an income-generating property here in Los Angeles for nothing, and I think it’s at this point that people are supposed to comment, “It’s free real est…
How to sell private jets to billionaires...
This is a very hectic day in the life of a corporate jet broker. I came into the office at 7:30. I was about to get ready for an important meeting I had at 10:00 when I got a call from George Ganopoulos from Lux Aviation. “You’re kidding! Client, we just…
How I Meditate
I do Transcendental Meditation, um, and when I and there are different that’s a mantra-based vegetation. So anyway, here’s how it works. There are met different Mantra based presentations, but the process is a real simple process. There’s a, um, it’s call…