Scarlet Rose's picture

for John C. on Obama and law

2
loves

I saw this article and instantly thought of you John. Probably you have read this article, but maybe not.

And I thought, since it is a good article, why not share with any other interested parties on iThou.

http://fish.blogs.nytimes.com/2009/05/24/empathy-and-the-law/

Scarlet Rose – May 25, 2009 – 10:13am

I taught Jurisprudence or legal philosophy for a couple of semesters many years ago, so all these authors are familiar to me. Personally, I have very simple standards for a Supreme Court appointee:
1) real young and healthy,
2) real smart,
3) real liberal.

John – May 25, 2009 – 1:30pm

That sounds like the perfect list of standards to me.

Especially numbers 2 and 3. Although really healthy maks great sense too.

d.  

"And like all committed artists, they will do their thing, critics be damned.” - Roy Blount Jr.

"Everything that irritates us about others can lead us to an understanding about ourselves"  - Carl Jung

Scarlet Rose – May 25, 2009 – 2:51pm

You may find this interesting -- I like the logic: 


Why Justice Entails Empathy

This post is a short response to the right wing mockery of empathy in judgment.

In order to judge matters correctly, a person must be capable of independence in judgment.  What follows is a simple proof which demonstrates the necessity of empathy and the consequences of its absence.  

(1) Independence of judgment presupposes freedom of thought.

(2) Freedom of thought presupposes the ability to shift perspectives.

(3) The ability to shift perspectives presupposes empathy.  

Therefore, (4) Independence of judgment presupposes empathy.

(1a) The absence of empathy implies the inability to shift perspectives.

(2a) The inability to shift perspectives implies slavery of thought.

(3a) Slavery of thought implies co-dependent judgment.

Therefore, (4a) The absence of empathy implies co-dependent judgment.

(4) and (4a) have something counter-intuitive to say: only through empathy can one think freely, and so, only through empathy can one escape the prison of herd mentality.  As the right wing makes fun of empathy in judgment, they implicitly champion co-dependent judgment.

-- MBH (Michael B. Hill) http://tpmcafe.talkingpointsmemo.com/talk/blogs/satyagraha/  

 -- PEACE 

zen puppy – May 25, 2009 – 5:44pm