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Justice and EmpathyToward a Constitutional Ideal$
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Robert A. Burt and Frank Iacobucci

Print publication date: 2017

Print ISBN-13: 9780300224269

Published to Yale Scholarship Online: May 2018

DOI: 10.12987/yale/9780300224269.001.0001

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Ordering Moral Deliberations

Ordering Moral Deliberations

(p.178) Eleven Ordering Moral Deliberations
Justice and Empathy

Robert A. Burt

, Frank Iacobucci
Yale University Press

This chapter 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, the passage of which was threatened by a Southern filibuster that could be ended by a favorable vote for cloture. It turned out that one senator from Alaska was key to the favorable vote; his vote was cast in a most dramatic way, as he was ultimately persuaded by his realization of the moral significance of what was at issue. The chapter notes that the senator was not commanded by party leaders to vote but left alone to reflect on the matter—he was persuaded by his conscience to do the right thing.

Keywords:   judges, senator, democratic values, mutual respect, Civil Rights Act of 1968, filibuster, moral significance, conscience

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