Law vs. justice: What is our duty in society? | James Stoner | Big Think

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JAMES STONER
James R. Stoner, Jr. is Hermann Moyse, Jr., Professor and Director of the Eric Voegelin Institute at Louisiana State University. He wrote Common-Law Liberty (2003) and Common Law and Liberal Theory (1992) and co-edited The Political Thought of the Civil War (2018) and three other books. His A.B. is from Middlebury and his Ph.D. from Harvard.
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Transcript: 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 is 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 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.” If 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 I think the overwhelming evidence is the other way on that one, people are clever enough, maybe I should say human sinfulness is fertile enough that people will always figure out a way around any law. The virtue of justice it has to be there in judges, it has to be there in juries, but if it has to be there in juries it 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, in ourselves, I think that’s a tremendous threat to the rule of law.