Empathy and Justice
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Empathy and Justice
International News about Empathy applied to Conflict, Justice, Restorative Justice, Mediation and the Law. (more at CultureOfEmpathy.com)”
Curated by Edwin Rutsch
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Justice Kennedy On Choosing Cases, ‘Empathy,’ And Diversity

Justice Kennedy On Choosing Cases, ‘Empathy,’ And Diversity | Empathy and Justice | Scoop.it

Q: President Obama has said that judges should possess “empathy,” and that in the toughest cases, “the critical ingredient is supplied by what is in the judge’s heart.” Do you agree?


President Obama has said that

judges should possess “empathy"


A: Sometimes people are cautious about that. You see the poor person hurt and the defendant is rich so you think maybe they should have the money. And if that’s how the word “empathy” plays out in your mind then there is a problem with it.


But I sometimes ask my grandkids, what do you think are in all those books that are on my walls? Those are cases. Those are stories about real people, and their hopes and their aspirations, their disappointments, their mistakes. Real people are going to be bound by what you do.

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Empathy, Apology and Forgiveness

Empathy, Apology and Forgiveness | Empathy and Justice | Scoop.it

One of the ‘founder generation’ of transformative mediation, Dorothy J. Della Noce, has published an interesting piece on apology in the first issue of the Dutch journal, ConflictInzichtmagazine.  It’s largely based  on research by Seiji Takaku, a report of which appeared in theJournal of Social Psychology, 141(4), 494-508 under the title, “The effects of apology and perspective taking on interpersonal forgiveness: A dissonance-attribution model of interpersonal forgiveness.”

 

For me, the key learning point is:

 

Empathy must be experienced by,

and communicated by,

both parties to the conflict,

not simply one or the other.


In other words, to be effective in resolving conflict, apology and forgiveness are best viewed as interactive processes, not simply one-sided speech events.

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Empathy and Experience in the Sotomayor Hearings

Empathy and Experience in the Sotomayor Hearings | Empathy and Justice | Scoop.it

Dean's Lecture Series: "Empathy and Experience in the Sotomayor Hearings", 36 Ohio N.U. L. Rev. 263 (2010) - PDF Version (1.55 Mb) 

 

For four days last summer, I felt I had taken a dizzying plunge down arabbit hole and landed in a very strange place. The visual markers identified it as the U.S. Senate, exercising its "advise and consent" powers on the nomination of a new justice of the Supreme Court. But much of what I heard there seemed utterly baffling.


A federal judge, who had served with distinction and minimal controversy for seventeen years, who had been confirmed in two previous Senate processes, and who had received the highest rating from the American Bar Association, was being lectured, patronized, and treated as a potential dissident, likely to break free of the tethers of stare decisis and fair play as soon as she was handed her Supreme Court robes.



There were two primary sources of this controlled mayhem. The first was a statement by President Barack Obama that among Judge Sonia Sotomayor's virtues was a set of life experiences that would permit her to empathize with parties who had experienced disadvantage.'


Sotomayor's virtues was a set of life

experiences that would permit her

to empathize with parties who

had experienced disadvantage.'


The second was a series of speeches by Judge Sotomayor herself, musing about the effects of her life experience on her performance as a judge and, most notably, expressing her hope that wise Latina with the richness of her experiences would more often than not reach a better conclusion than a white male judge who hasn't lived that life." 

 

 

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The Importance of Judicial Empathy | The Nation

The Importance of Judicial Empathy | The Nation | Empathy and Justice | Scoop.it
Courtroom sketch of Judge Shira Scheindlin. (AP Photo/Elizabeth Williams) A decision is imminent in New York’s historic stop-and-frisk case, tried for two months in a Manhattan federal courtroom.

 

Empathy does play a greater role where a judge may have some discretion, in sentencing for example, and often in family law. Yet, even then, one’s empathetic understanding may not trump other factors. I once had to decide whether a woman could move to a distant country with her three kids, leaving the father in New York. Throughout the non-jury trial I could appreciate the wife’s feelings that the man was a rotten husband and only a passable father.


I saw through her why it would be good for her to get away, start life anew, have more opportunities. It was what I would have wanted to do in her place. But then the gold standard—the best interest of the children—kicked in and, despite my understanding of her, even my personal opinion, there was no evidence that it was in the best interest of her kids to be cut off from their father and their culture. Empathy placed me in the shoes of each of the family members.

 

========================

Empathy placed me in the shoes of

each of the family members.

 ==============


by Emily Jane Goodman 

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In Defense of Judicial Empathy - Thomas B. Colby - George Washington University Law School

In Defense of Judicial Empathy -  Thomas B. Colby - George Washington University Law School | Empathy and Justice | Scoop.it

In Defense of Judicial Empathy -  Thomas B. Colby - George Washington University Law School

http://j.mp/1aUQyTT

President Barack H. Obama has repeatedly stated that he views a capacity for empathy as an essential attribute of a good judge. And conservatives have heaped mountains of scorn upon him for saying so—accusing him of expressing open contempt for the rule of law.To date, the debate has been surprisingly one-sided. One federal judge has recently noted that “President Obama’s statement that judges should have ‘empathy’ was met with strong criticism from his opponents and uncomfortable silence from his supporters.” No one has yet offered a sustained scholarly defense of the President’s call for  empathy in judging. This Article seeks to fill that void.


========================

“President Obama’s statement that judges

should have ‘empathy’ was met with strong

criticism from his opponents and uncomfortable

silence from his supporters.” 

==============

 

Part I summarizes and critiques the agonizingly simplistic and misleading public and political debate over the proper role empathy (and its popular adversary—umpiring) in the judicial craft. It laments the success that the President’s critics have had in misleadingly portraying the judicial selection process as a choice between conservative judges who simply call balls and strikes and decide all cases according to determinative rules set down by the governing sources of law, and liberal judges whose relianceon empathy amounts to ignoring the law and deciding cases in favor of whichever party seems more sympathetic.

 

Part II then examines the treatment of the President’s call for judicial empathy at the hands of conservative legal intellectuals, which, disappointingly, tends to be only marginally more nuanced....

 

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Conflict and Empathy: Part 1: Where Has Empathy and Compassion Gone?

Conflict and Empathy: Part 1: Where Has Empathy and Compassion Gone? | Empathy and Justice | Scoop.it

Four Week Series: Conflict and Empathy http://j.mp/ZQ1Iab ;
Pattie Porter (The Texas Conflict Coach) Interviews Edwin Rutsch 
Part 1: What Does Empathy Got To Do With It? 

For many of us engaged in conflict or embroiled in a dispute, it can be very difficult to muster up empathy and compassion for the other side. The longer the conflict goes unresolved it seems the less empathy we have for them as a human being. 

In this first of our four episode series–Conflict and Empathy: Where Has Empathy and Compassion Gone?– we will introduce the “wheel of empathy” and the “feel of empathy” as defined by Edwin Rutsch, Founder of a global empathy movement called The Center for Building a Culture of Empathy. 


========================

For many of us engaged in conflict or

embroiled in dispute, it can be very difficult

to muster up empathy and

compassion for the other side

 ==============


Questions
===========
Let’s start by sharing with listeners about how you got started in this work of building a culture of empathy and creating the Center.

Given that this is the first episode in our series Conflict and Empathy, let’s set the stage and define some of these concepts.

What exactly is empathy and the intention behind it?

How is empathy different from sympathy?

How does compassion intertwine with empathy?

We said that we would introduce two concepts…the “wheel of empathy” and the “feel of empathy.” What is important to know about these concepts?

How do these wheels tie into the Empathy Circles you host through Google Hangouts?

We will also discuss how compassion intertwines with empathy and set the foundation for how you build empathy.

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Obama’s Empathy Rule: Alive and Well in the Second Term

Obama’s Empathy Rule: Alive and Well in the Second Term | Empathy and Justice | Scoop.it

The value of “empathy” as the primary criterion for selecting judges must be eradicated, as should the practical application of that value, which usually means emphasizing race, sexual preference, gender, and political affiliation over basic qualifications and standards. So long as this subversive trend continues, President Obama’s judicial nominees should receive a heightened level of scrutiny from senators.


========================

The value of “empathy” as the primary criterion

for selecting judges must be eradicated

 ==============

 

With the possibility of additional Supreme Court nominations in President Obama’s second term, he must square with the Senate and the American people about his view of a judge’s proper role.

 

James Christophersen

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How Not to Raise a Bully: The Early Roots of Empathy

How Not to Raise a Bully: The Early Roots of Empathy | Empathy and Justice | Scoop.it
State laws and school-district rules may help curb bullying on campus, but many researchers suggest a better way is not to raise a bully in the first place

 

In Athens, future leaders were brought up in a more nurturing and peaceful way, at home with their mothers and nurses, starting education in music and poetry at age 6. They became pioneers of democracy, art, theater and culture. "


========================
Just like we can train people to kill,

the same is true with empathy. 
 ============== 


Just like we can train people to kill, the same is true with empathy. You can be taught to be a Spartan or an Athenian — and you can taught to be both," says Teny Gross, executive director of the outreach group Institute for the Study and Practice of Nonviolence in Providence, R.I., and a former sergeant in the Israeli army


By Maia Szalavitz
 

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Embodiment of empathy

Embodiment of empathy | Empathy and Justice | Scoop.it

After Justice David Souter retired from the Supreme Court in the spring of 2009, President Obama launched a brief national media freak-out by putting “empathy” at the top of his wish list for his first Supreme Court nominee. Empathy, Obama said, was an “essential ingredient” for arriving at “just decisions and outcomes.”


  ============================

Empathy, Obama said, was an

“essential ingredient” for arriving

at “just decisions and outcomes.”

 ==============

 

When he named federal appeals court Judge Sonia Sotomayor to fill Souter’s seat, his “empathy standard” was widely debated and derided by those who saw it as code for every imaginable judicial evil, including bias, sentimentality and, quite possibly, generalized female-ness.

 

Reviewed Dahlia Lithwick

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Study: Aggression and Violent Behavior - Empathy deficits and sexual offending: A model of obstacles to empathy

Study: Aggression and Violent Behavior - Empathy deficits and sexual offending: A model of obstacles to empathy | Empathy and Justice | Scoop.it

Theoretical models of the role of empathy in sexual offending agree on five components relevant to the experience of empathy:

 

- a respectful and compassionate orientation to others,

- perspective taking,

- affective responding,

- the ability to manage personal distress,

- and situational factors.

 

We identify overlap between these components of the empathic process and established risk factors for sexual offending and create a model detailing potential blocks to the empathic process during sexual offending. The model has external consistency and useful implications for interventions with sex offenders.


 ========================
create a model detailing potential blocks

to the empathic process during

sexual offending. 
==============
 

Viewed in the light of this model, we argue that current sex offender treatment programs spend a disproportionate amount of time examining empathy for past victims. We recommend, instead, that treatment aims to enhance offenders’ abilities in relation to the components of the empathic process more generally, using creative and engaging techniques akin to those used to develop “victim empathy”.

 

Highlights

►  Providers may consider devoting less time to victim empathy work in treatment
 

►  Deficits leading to lack of empathy at the time of the offense become the targets
 

► Tailor treatment to an individual's blocks to empathy
 

► Deliver empathy work in a way that is creative and engaging

► Empathy work should respects individuals’ rights and dignity

 

Georgia Barnett

Ruth E. Mann

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Do Violent Offenders Simply Lack the Capacity for Empathy? New Research Suggests it’s Not that Simple

Do Violent Offenders Simply Lack the Capacity for Empathy? New Research Suggests it’s Not that Simple | Empathy and Justice | Scoop.it

If the ability to empathize with another plays an important role in regulating and controlling one’s anger, empathy could ultimately be the key to avoiding violence in certain situations. Thus, it is easy to surmise that aggressive individuals or violent offenders must not be able to empathize in the way others are able.

 

In a recent study in the International Journal of Offender Therapy and Comparative Criminology, author Dr. Andrew Day investigated this very question by examining the presence of perspective-taking abilities in violent prisoners and comparing them to a student sample with regard to anger and aggression. 


 ============================
If the ability to empathize with another

plays an important role in regulating and

controlling one’s anger, empathy could

ultimately be the key to avoiding violence

in certain situations.

 ==============


By Lauren Vieaux

Image: Justice and Divine Vengeance Pursuing Crime, by Pierre-Paul Prud'hon

http://en.wikipedia.org/wiki/Crime

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Task Force to Host Historic Restorative Justice Conference at Harvard Law School

Task Force to Host Historic Restorative Justice Conference at Harvard Law School | Empathy and Justice | Scoop.it
The initiative comes at a particularly important time given the alarming statistics that reflect the inefficiency of the criminal justice system, mainstream domestic violence and sexual violence programs, and the inimical zero tolerance policies...
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I Feel Your Pain: In this presidential election – and every election – empathy matters...

I Feel Your Pain: In this presidential election – and every election – empathy matters... | Empathy and Justice | Scoop.it

During last night’s debate, empathy was on display from the beginning. In his opening statement, Romney invoked various struggling women he’d met on the campaign trail: a woman in Ohio who has been unemployed since May and asked ‘can you help me?’; another woman with a baby in her arms who had just lost her home. He was replaying Clinton, implicitly telling middle class Americans that he feels their pain.


 ============================
During last night’s debate, empathy was on

display from the beginning.

In his opening statement

 ==============

 

By Michael Zakaras

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Communication Insight - Empathy, Apology and Forgiveness

Communication Insight - Empathy, Apology and Forgiveness | Empathy and Justice | Scoop.it

Takaku’s research offers important insights on how apologies “work.” Mutual empathy is key. While the offer of an apology may be the result of, and an expression of, the offender’s empathy with the offended party, forgiveness requires empathy from the offended to the offender.

Empathy must be experienced by, and communicated by, both parties to the conflict, not simply one or the other. In other words, to be effective in resolving conflict, apology and forgiveness are best viewed as interactive processes, not simply one-sided speech events.


forgiveness requires empathy

from the offended to the offender.


Takaku’s research demonstrates that an offended party has the power to shift the nature of a conflict interaction by reflecting on his or her own “imperfect nature,” developing empathy for the offender, and thus being open to the process of apology and forgiveness. Some people can undertake such reflection on their own; others might need to be prompted toward reflection.


However, Takaku also urged caution: care must be taken regarding who prompts the offended party to reflect on his or her own imperfections. For example, if the offending party makes the prompt, it would likely generate resistance on the part of the offended party and actually escalate the conflict. 

 

Dorothy J. Della Noce

 

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Seeing Theory in Practice: An Analysis of Empathy in Mediation | Beyond Intractability

Seeing Theory in Practice: An Analysis of Empathy in Mediation | Beyond Intractability | Empathy and Justice | Scoop.it
Summary of Seeing Theory in Practice: An Analysis of Empathy in Mediation "Seeing Theory in Practice: An Analysis of Empathy in Mediation," Dorothy J. Della Noce, Negotiation Journal, 15:3 (July 1999), pp.

 

In problem-solving, empathy is seen as an instrument, valuable in so far as it helps the parties satisfy their (personal, pre-existing) interests. "Bargainers need only understand enough about the other's interests to get to a satisfactory deal."(p. 283) Empathy is also treated as a commodity for exchange, offered on the condition that the other party does the same.


In problem-solving, empathy is seen as

an instrument, valuable in so far as it

helps the parties satisfy their

(personal, pre-existing) interests. 


The author argues that "The mediator who privileges Individualist assumptions by adopting interest-based bargaining will filter the parties' communication through a transactional lens, which, in turn, will color what the mediator recognizes as an opportunity for empathy and deems a competent response."(p. 283) Empathy is used to uncover interests, and competent empathic responses are those which clarify interests.

 

In transformative mediation,

empathy is valued in itself. 


In transformative mediation, empathy is valued in itself. "With the focus on interaction rather than individual psychology, the communicative process of developing empathy is valuable in its own right, whatever the outcome, because empathy itself expresses the enrichment of interaction and personal awareness that embodies the 'good' in Relational ideology."(p. 285)


Della Noce examines different mediators' responses to the same conflict simulation, and finds that "the mediators heard very different things from the parties as they interacted with each other, highlighted different aspects of the interaction as salient to mediation, and responded in different ways."(p. 294) These differences in mediator practice correspond with differences in their preferred mediation approaches, and underlying ideology.

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Survivor Mamelodi and the limits of empathy

Survivor Mamelodi and the limits of empathy | Empathy and Justice | Scoop.it

Empathy, the empty trade-off for justice.


For some, there seems to be nothing wrong with what Ena and Julian are doing. It is not surprising. South Africans are no strangers to empathy. The half-phony Damascus moment in 1994 was partly built on the tenets of empty empathy. The 1996 Truth and Reconciliation Commission supposedly gave many South Africans a chance to confront the violent horrors of the past and forgive each other, unconditionally without recourse.


The nature of it all compelled most

South Africans to show a bit of empathy,

in various ways.

 

Empathy for the mother who lost her son to the torture and veiled killings by the apartheid police. Empathy for the white family who lost their father in a civilian bomb attack. The uneven wounds of the past were ideal threads that wove the new South Africa as we now know it. It was all a performative exercise really.


The emotional scars of many were used to advance the half-baked project of the rainbow nation. The rainbow, as we now know, couldn’t hold for long. The pieces now lie shattered in front of us. 


By Sibusiso Tshabalala

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The Truth About Empathy - Jotwell: Courts Law - In Defense of Judicial Empathy

The Truth About Empathy - Jotwell: Courts Law - In Defense of Judicial Empathy | Empathy and Justice | Scoop.it

With In Defense of Judicial Empathy, Thomas Colby undertakes the first comprehensive scholarly treatment and defense of the President’s arguments and of empathy as an essential and unavoidable component of good judicial decisionmaking. And he ties the centrality of empathy to broader debates over the judicial role.

 

Colby begins by identifying and correcting the arguable cause of much of the controversy over the President’s standard—the confusion between empathy and sympathy. While empathy is a relatively new word of contested meaning, Colby adopts the dictionary definition: the “action of understanding, being aware of, being sensitive to, and vicariously experiencing the feelings, thoughts, and experience of another of either the past or present without having the feelings, thoughts, and experience fully communicated in an objectively explicit manner.”

 

Empathy is the cognitive skill of being able to see a situation from someone else’s perspective and to understand how and why someone sees, feels, and acts as they do. That is fundamentally different than sympathy, through which a person is affected by and acts in support of the feelings of another. As Colby puts it,


========================

sympathy is feeling for someone;

empathy is feeling with someone.

=============



 by Howard M. Wasserman

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Conflict and Empathy - Part 4: Building a Culture of Empathy in the Business World and Beyond

Conflict and Empathy - Part 4:  Building a Culture of Empathy in the Business World and Beyond | Empathy and Justice | Scoop.it

In our final episode of the series Conflict and Empathy: Where Has Empathy and Compassion Gone? Keiko Krahnke from the University of  Colorado will join me and Edwin Rutsch, Center for Building a Culture of Empathy to discuss how do we foster empathy in a business, work and  beyond?   We will also look at the larger social systems and see how we can build a truly global culture of empathy.

 

Questions

Last episode we talked a great deal about building empathy by starting with the family first. But what about the business world? I happened to mention our series to someone in the business world and their response was ‘does it even have a place in business?’ Let’s start there.

 

========================

Given what feels like a lack of empathy

and compassion in the workplace,

how does a leader even begin to

address this in their organization?

 ==============

 

How can employees begin to take ownership of building empathy and compassion in their workplace?

 

How do we go “beyond” and building a global culture of empathy?

 

What can global citizens do to support and do their part?

How can each of us cultivate empathy in our daily lives?
 

 

 

 

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Texas Conflict Coach » Upcoming Programs

Texas Conflict Coach » Upcoming Programs | Empathy and Justice | Scoop.it

I'll be interviewed four times this month by Pattie Porter, the Texas Conflict Coach, about how to foster empathy for resolving conflict. See the program schedule and listen in at:http://j.mp/130SJQ9 ;

Pattie is a conflict resolution expert, mediator, conflict coach, facilitator and speaker.  In this first of our four episode radio series – Conflict and Empathy: Where Has Empathy and Compassion Gone?– we will introduce the “wheel of empathy” and the “feel of empathy” as defined by Edwin Rutsch, Founder of a global empathy movement called The Center for Building a Culture of Empathy. We will also discuss how compassion intertwines with empathy and set the foundation for how you build empathy. 


 ============================ 

We will also discuss how compassion

intertwines with empathy and

set the foundation for

how you build empathy.

 ==============

 

Welcome to Texas Conflict Coach. I am your host Pattie Porter, conflict resolution expert, mediator, conflict coach, facilitator and speaker.

Join me and our special guests live every Tuesday for a 30 minute program.

Our program aims to “Coach you through conflict constructively” to
• Become more self-aware
• Build your conflict competency skills
• Learn to negotiate effectively
• Manage and cool your hot buttons
• Learn resources and tools for effective conflict management

You will hear about all kinds of situations and strategies to deal with those stressful conflict tensions that show up in our everyday lives whether it be at work, in our relationships with family or neighbors, in our communities and church, in your business partnerships, or just simply the conflict we deal within ourselves.

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Restorative Justice Programs Take Root in Schools

Restorative Justice Programs Take Root in Schools | Empathy and Justice | Scoop.it
Restorative justice, which encourages young people to develop empathy for one another, is increasingly offered in schools seeking an alternative to “zero tolerance” policies.

 

The approach now taking root in 21 Oakland schools, and in Chicago, Denver and Portland, Ore., tries to nip problems and violence in the bud by forging closer, franker relationships among students, teachers and administrators. It encourages young people to come up with meaningful reparations for their wrongdoing while challenging them to develop empathy for one another through “talking circles” led by facilitators like Mr. Butler.

 

========================
reparations for their wrongdoing while

challenging them to develop empathy

for one another through “talking circles” 
 ============== 



By PATRICIA LEIGH BROWN

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Leslie Lilly's curator insight, April 6, 2013 11:19 AM

Empathy is the gateway to becoming a member of a community

Ian Townsend's curator insight, April 7, 2013 3:32 AM

putsTakes puts our community time and group work in a different perspective, doesn't it ?

Lon Woodbury's curator insight, July 11, 2013 3:43 PM

Restorative Justice programs are also being developed by some therapeutic boarding schools, and seem to be quite effective in helping struggling teens. -Lon

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Empathy and Sympathy in Ethics [Internet Encyclopedia of Philosophy]

The distinction between “empathy” and “sympathy” in the context of ethics is a dynamic and challenging one. The eighteenth century texts of David Hume and Adam Smith used the word “sympathy,” but not “empathy,” although the conceptual distinction marked by empathy was doing essential work in their writings. After discussing the early uses of these terms, this article is organized historically. Two traditions are distinguished.


Lou Agosta

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Word for 2013: Empathy | The Lawyer

Word for 2013: Empathy | The Lawyer | Empathy and Justice | Scoop.it

Empathy is severely lacking in law firm recruitment, says Motive Legal’s Mark Brandon, who has come across partners who take three months to make a decision - and even those who go as far as to blank their HR manager

 

Mark Brandon

Having just observed the grotesque failure of yet another senior recruitment process - happily these days without any skin in the game, as it were - I have refined my conclusions as to what might be missing from much of the recruitment process in senior law: empathy.


========================

Empathy is severely lacking in

law firm recruitment 

==============

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Study: More Than a Feeling: Integrating Empathy Into the Study of Lawmaking, Lawbreaking, and Reactions to Lawbreaking

Study: More Than a Feeling: Integrating Empathy Into the Study of Lawmaking, Lawbreaking, and Reactions to Lawbreaking | Empathy and Justice | Scoop.it

Empathy is related, directly or indirectly, to important elements in criminology such as the enactment of harsh penalties for repeat offenders, antisocial behavior, feelings of legitimacy toward the law, and attitudes toward the death penalty. Although empathy is beginning to find its way into criminological discourse, it is still not well understood nor often incorporated into quantitative research. This is likely due to issues regarding the conceptualization and measurement of empathy as well as the lack of measures of empathy incorporated into contemporary data sets.

 

 ============================
This study discusses the importance of
empathy 
for criminology and uses a set of
research examples 
to exemplify the relationships between empathy and outcome

important to criminology.

 ==============


This study discusses the importance of empathy for criminology and uses a set of research examples to exemplify the relationships between empathy and outcomes important to criminology. Empathy emerges as an important predictor of criminal behavior, support for harsh laws, and perceptions of police effectiveness. Future research should incorporate measures of empathy when seeking to understand individual feelings and behaviors as they relate to important facets of criminology and criminal justice.

 

Chad Posick  
Michael Rocque
Nicole Rafter

 

img http://bit.ly/yYTzGr

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In Defense of Judicial Empathy | Minnesota Law Review

In Defense of Judicial Empathy | Minnesota Law Review | Empathy and Justice | Scoop.it

President Obama has repeatedly stated that he views a capacity for empathy as an essential attribute of a good judge. And conservatives have heaped mountains of scorn upon him for saying so—accusing him of expressing open contempt for the rule of law.


This Article seeks to offer a sustained scholarly defense of judicial empathy. Empathy is properly defined as the cognitive ability to understand a situation from the perspective of other people, combined with the emotional capacity to comprehend and feel those people’s emotions in that situation.

 

 ===========================
This article seeks to offer a sustained
scholarly
defense of judicial empathy. 
 ============== 


This is an essential characteristic of a good judge. Legal doctrine, at both the constitutional and subconstitutional level, is permeated with reasonableness and balancing tests and other doctrinal mechanisms that cannot possibly be employed effectively unless judges are able to gain an empathic appreciation of the case from the perspective of all of the litigants. A judge can neither craft nor employ legal doctrine competently if she is not willing and able to understand the perspectives of, and the burdens upon, all of the parties.

 

by Thomas B. Colby

 

img http://en.wikipedia.org/wiki/Justice

 

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Joel Feldman Lecture about Compassionate Lawyering

Joel Feldman Lecture about Compassionate Lawyering | Empathy and Justice | Scoop.it

Distracted driving, victim empathy and community outreach were the topics of a lecture given by Anapol Schwartz equity partner, Joel Feldman.

 

Anapol Schwartz attorney Joel Feldman spoke about distracted driving at the Philadelphia Trial Lawyers Association 2012-13 Luncheon Lecture Series on October 10. Feldman’s lecture, called “Distracted Driving - Litigation, Victim Empathy, and Community Outreach,” is part of an effort to educate attorneys about the nature of grief and mourning so they may better represent clients and be more empathetic and understanding members of the community.


 ========================
The lecture discussed how a more

compassionate approach with clients can

help lawyers discover fuller details

of a client’s unique story of loss

so that they can better represent

the client when arguing damage 
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The lecture discussed how a more compassionate approach with clients can help lawyers discover fuller details of a client’s unique story of loss so that they can better represent the client when arguing damages. Feldman gave practical suggestions concerning how to speak with, listen to and comfort someone who is in mourning.

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