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
What is the Shortest Poem?
Hey, Vsauce. Michael here. I am in Green Bank, West Virginia. Pocahontas County. And my favorite word is … I learned it from Big Bird, and it’s not so much a word as the alphabet, if you try to pronounce it like a word. It’s a neat trick, almost poetic. B…
Strategies for subtracting basic decimals
Going to do in this video is begin to practice subtracting decimals, and we’re going to build up slowly. In future videos, we’re going to learn to do this faster and faster, and doing it for more and more complex situations. So let’s say we have 3⁄10 min…
The 2022 Recession: How To Prepare For The Next Market Crash
So over the past few years, we’ve been through a lot of hardship. No doubt it’s been pretty tough, so tough that the Federal Reserve has stepped in to wind up that money printer to help individuals and businesses get through such an uncertain and interrup…
David Zeevi on Personalized Nutrition Based on Your Gut Microbiome
So today, we have David CV on the podcasts, and you are an author on many papers. But the paper that I initially contacted you about is called “Personalized Nutrition by Prediction of Glycemic Responses,” and this is a quick summary: people eating identic…
Examples of bias in surveys | Study design | AP Statistics | Khan Academy
We’re told that David hosts a podcast, and he’s curious how much his listeners like his show. He decides to start with an online poll. He asks his listeners to visit his website and participate in the poll. The poll shows that 89 percent of about 200 resp…
Why Are 96,000,000 Black Balls on This Reservoir?
(Shade balls rolling) - These are shade balls. They’re being dumped into this water reservoir in Los Angeles. And contrary to what you may have heard, their main purpose is not to reduce evaporation. So what are they really for? To find out, I’m visiting …