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
The Next Market Crash - 7 Ways To Make Money
What’s up, you guys? It’s Graham here. So I feel like it’s time we address something that probably a lot of us have recently considered, and that would be the next stock market crash. After all, in the last week, the stock market has risen to brand new re…
How They Use Your Energy Against You From The Day You Were Born (And How to Break Free)
From the day you were born, something precious has been taken from you. Not your money, not your possessions, but your energy. It’s subtle, almost invisible, yet it’s happening every single day. You wake up already drained, go through the motions of life …
15 RULES of MONEY
Ah, money. Some people say it makes the world go round. Some people chase it tirelessly, like a hamster running on a wheel. Some people speak about money, and others actually have it. Money doesn’t care about your self-esteem, about your religion, about w…
Doctor vs Plumber: Which person is WEALTHIER at Age 42
What’s up you guys, it’s Graham here! So I read a really interesting article the other day that showcased the difference between the net worth of a plumber and that of a doctor. The results were actually pretty surprising regarding who ends up having a hi…
Office Hours With Sal: Friday, March 20. Livestream From Homeroom
Is there a lag? Okay, stand by. Here we go. Hello! I think we are up now. So, uh, thanks for joining our, uh, morning live stream here at Khan Academy. We’re calling it something of a homeroom, a national homeroom, or international homeroom, I guess. Yo…
Can Chess, with Hexagons?
Chess, the game of war on 64 squares. But I wondered, can chess be played with hexagons? There have been several attempts, the most successful published in a book in the UK in 1973, which I promptly ordered to investigate. While waiting for one of the re…