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Justice and Empathy: Toward a Constitutional Ideal

Online ISBN:
9780300231854
Print ISBN:
9780300224269
Publisher:
Yale University Press
Book

Justice and Empathy: Toward a Constitutional Ideal

Frank Iacobucci (ed.)
Frank Iacobucci
(ed.)
Yale University
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Published:
24 October 2017
Online ISBN:
9780300231854
Print ISBN:
9780300224269
Publisher:
Yale University Press

Abstract

The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. This book explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to the author's perspective is an unconventional view of the role of judges—not simply to decide disputes, but to promote a respectful dialogue leading to a genuine understanding between parties. The U.S. Constitution, through its interpretation by the U.S. Supreme Court, deals with the protection of vulnerable people in American society. It focuses on the judge not as the sole determiner of equality or protection but as a leader who, through careful observation and guidance, promotes an interactive process among the parties in order to settle the matter in an empathic, mutually respectful way. The book points out that judges are not the only actors through whom democratic values founded on empathic mutual respect and accountability can be promoted. At the center of this study is the Civil Rights Act of 1968.

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