Justice and Empathy: Toward a Constitutional Ideal
Robert A. Burt and Frank Iacobucci
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 prote ... More
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.
Keywords:
Supreme Court,
liberty,
economic equality,
social equality,
vulnerable,
legal protection,
judges,
disputes
Bibliographic Information
| Print publication date: 2017 |
Print ISBN-13: 9780300224269 |
| Published to Yale Scholarship Online: May 2018 |
DOI:10.12987/yale/9780300224269.001.0001 |
