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
4.5 Billion Years in 1 Hour
Earth is 4.5 billion years old – impossible for your brain to truly grasp, so here is an experiment: every second, around 1.5 million years will pass – you’re on a musical train ride looking out the window, passing all of Earth’s history in an hour. Watch…
Exoplanets 101 | National Geographic
(Dramatic music) [Narrator] They are nestled in the final frontier, countless worlds scattered throughout countless galaxies, challenging the notion that we are alone in the universe. Exoplanets are worlds that exist outside of our solar system. Also kno…
The team you build is the company you build.
When you’re deciding with whom to work or invest, what personal qualities or professional attributes do you prioritize to ensure mutual success? Uh, energy is the easiest one to spot. Uh, self-motivated. I would add another one to that whole set, which i…
Interest Rate Cuts Have Begun.
The time has come for policy to adjust. The direction of travel is clear, and the timing and pace of rate cuts will depend on incoming data, the evolving outlook, and the balance of risks. Well, you heard it folks, that is Jerome Powell, the Chair of the …
2015 AP Chemistry free response 6 | Studying for the AP Chemistry exam? | Chemistry | Khan Academy
A student learns that ionic compounds have significant covalent character when a cation has a polarizing effect on a large anion. So what are they talking about? So if I have a cation, so this is my cation, and then this is my large anion, my large anion…
Khan Stories: Brooke Hogan
We’re gonna go ahead and grab our Chrome Books, we’re gonna log in. Good morning. Good morning. My name is Brooke Hogan, I’ve been teaching for nine years. I teach seventh grade math, science, and health. I try and get to know each and every one of m…