Date registered: Apr 2004
Location: The BlueGrass State
Mentioned: 0 Post(s)
Quoted: 2 Post(s)
Empathy v. Impartiality
Interesting National Review article.
It does, however try to draw an either/or contrast, a "with us or against us" scenario that is not particularly astute or germane.
It is very possible for a jurist to be both Empathetic and Impartial. I would be most concerned with a justice, from either the right or left that lacked the quality of empathy. The law is written by men to address the needs of the very majority of society but there are always interests that fall just outside the bounds that must be addressed. That is what we have these tiers of judges for, to take the exceptional and determine where it lies on the legal table. Experience has shown is it not always cut and dried.
Being smart is knowing the difference, in a sticky situation between a well delivered anecdote and a well delivered antidote - bear.