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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Sylvia Clute & Edwin Rutsch: Dialogs on How to Build a Culture of Empathy in the Justice System

Sylvia Clute & Edwin Rutsch: Dialogs on How to Build a Culture of Empathy in the Justice System | Empathy and Justice | Scoop.it

Sylvia Clute an author and attorney in Richmond, Va., presently engaged in the creation and implementation of a unitive justice system in a high school. Author Beyond Vengeance, Beyond Duality: A Call for a Compassionate Revolution.

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Kris Miner & Edwin Rutsch: Dialogs on How to Build a Culture of Empathy with Restorative Practices

Kris Miner & Edwin Rutsch: Dialogs on How to Build a Culture of Empathy with Restorative Practices | Empathy and Justice | Scoop.it

I blog on my perspectives as a Restorative Justice practitioner and executive director of St. Croix Valley Restorative Justice Program. SCVRJP provides several programs and services to our local community. Additionally, SCVRJP provides contracted trainings and presentations, to help schools, agencies or communities that want to implement Restorative Justice.

 

'Empathy. A crucial emotional response to those around us. We are hard-wired to connect with others. From the book Born for Love which is about the: empathy that allows us to make social connections, and the power of human relationships to'

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Genuine Justice: Best Practices for Whole-School Restorative Programs

Genuine Justice: Best Practices for Whole-School Restorative Programs | Empathy and Justice | Scoop.it

Unitive (empathy based) justice versus punitive (retribution based) justice. Unitive justice aims to heal, restore and reconcile, while punitive justice seeks punishment and revenge. How do the differences between them affect our understanding of justice, how we experience justice, and how we live our lives? Examples of unitive justice are restorative justice, healing circles,  transformational justice, transformative mediation, some collaborative processes, and even “conscious capitalism.

 

by Sylvia Clute

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Kim Wright & Edwin Rutsch: Dialogs on How to Build a Culture of Empathy in the Justice System?

Kim Wright & Edwin Rutsch: Dialogs on How to Build a Culture of Empathy in the Justice System? | Empathy and Justice | Scoop.it

 Kim Wright
Publisher/Managing Editor at Cutting Edge

CuttingEdgeLaw.com - What if Lawyers were Peacemakers, Problem Solvers, and Healers of Conflicts? 

 

Edwin Rutsch - founding director of the Center for Building a Culture of Empathy.

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The Human Touch: Balancing Empathy and Impartiality in Mediation | Kluwer Mediation Blog

The Human Touch: Balancing Empathy and Impartiality in Mediation | Kluwer Mediation Blog | Empathy and Justice | Scoop.it

One of the challenges I find that new mediators face is how to show empathy without sacrificing neutrality. They struggle to find their balance. We use an advanced case toward the end of the mediation training as a way to explore the role of emotions at the table. This role play involves a family business dispute, based on a true story; fighting over the fate of a company founded by two brothers, one of them recently deceased, are the surviving brother and his brother’s widow, each grief-stricken at the loss of someone important to them both.

 

All too often, beginning mediators, faced with these dynamics, miss the opportunity to acknowledge the shared loss. Disregarding the parties’ tears or emotional states, some new mediators press on, urging the parties toward untimely settlement.

 

By Diane Levin, Diane Levin LLC

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The President’s Speech: “Getting It” is Not Enough

The President’s Speech: “Getting It” is Not Enough | Empathy and Justice | Scoop.it
Voters want to know their president cares about people like them, but they also want to know he's going to get something meaningful done.

 

In tonight’s speech, we’re told, Obama has to show that he cares about the crisis of joblessness, that he gets it. “Getting it,” or empathy for the plight of economically struggling Americans, has been at the core of American politics for the last several decades.

 

Empathy was the central drama of the 1990s, and the main genius of Bill Clinton. From George H.W. Bush accidentally reading his subtextual notes — “Message: I care” — in the 1992 primaries to the debate later that year when he looked at his watch while Clinton walked down into the audience to listen directly to a questioner who was having trouble articulating her distress, “getting it” was all that mattered. “I feel your pain” — Clinton’s answer to a heckling AIDS activist — became the shorthand summary of his political method.

 

by Mark Schmitt |

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What Have I Done? : A Victim Empathy Programme For Young People - book information - Jessica Kingsley Publishers

What Have I Done? : A Victim Empathy Programme For Young People - book information - Jessica Kingsley Publishers | Empathy and Justice | Scoop.it

Victim awareness and the needs of victims of crime are a major societal concern. What Have I Done? is a photocopiable resource and DVD to encourage empathy in young people who commit crimes or hurt others through their actions.

 

The course is flexible and interactive, and can be used on an individual basis or with small groups, and is suitable for young people with limited literacy. The exercises are challenging, and aim to be engaging through the use of creative arts, film, role-play and discussion. Clear guidance is provided for the course leader, and evaluation is built into the course, including a psychometric test. 

 

by Pete Wallis

with Aldington and Marian Liebmann

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An Overview of Restorative Circles - Wednesday, October 12, 2011 - Champaign, IL

An Overview of Restorative Circles - Wednesday, October 12, 2011 - Champaign, IL | Empathy and Justice | Scoop.it

Restorative Circles are increasingly valued for their ability to support communities of many kinds - families, schools, work teams, faith groups, neighbourhoods.. - to understand and benefit from engaging with conflict and difference.

 

In an interactive day of demonstration and experiential learning, Dominic Barter will present the key elements of Restorative Circles and of the development of a systemic context that supports their use.

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Rush Limbaugh: Obama's Enemies List - There is no empathy

Rush Limbaugh: Obama's Enemies List - There is no empathy | Empathy and Justice | Scoop.it

You have a single-minded far-leftist agenda here that is clueless about reality on the ground for the American people. There is no empathy, there is no concern for what is happening to the American people," Rush Limbaugh said on his program this afternoon. Rush was speaking rhetorically to President Obama.

 

"All we're to do, if you listen to Obama, is to have enemies we're supposed to hate. S&P, the latest Obama target there is to hate. Yesterday it was the Tea Party. So many enemies it's hard to keep track," Limbaugh said.

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Promoting Mediation, Not Litigation, in Divorces

Promoting Mediation, Not Litigation, in Divorces | Empathy and Justice | Scoop.it

Elana Katz is a psychotherapist and mediator who specializes in helping couples through a collaborative, nonadversarial divorce process — and who teaches other therapists to do the same. 

What makes a good therapist: It’s empathy, it’s being able to be transparent. It’s being able to think and to feel and to help people do the same. I have a good ability to roll up my sleeves and be with people, not at them. Therapy is not surgery.

 

By SAM ROBERTS

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Humor, tough questions mark judges' confirmation hearings

Humor, tough questions mark judges' confirmation hearings | Empathy and Justice | Scoop.it

Alaska Justice Morgan Christen mixed it up with Sen. Al Franken. Sharon Gleason, an Alaska Superior Court judge, took tough questions from Republican Sen. Chuck Grassley of Iowa.  

Hatch told Christen that Obama has said "judges should base their rulings on one's deepest values, one's core concerns, one's broader perspectives on how the world works, and the depth and breadth of one's empathy."

Did she agree with that? he asked.

"I believe that judges have an obligation to rule based on the rule of law, and that's what I have done for 9 1/2 years," Christen said. "We are not allowed to tilt the scale depending on how we feel about a case, but I believe that there are life lessons that we've all learned that are very important that judges retain and take with them to the bench." For instance, she said judges need to keep in mind that there are real people behind the cases, with lives and businesses on hold waiting for decisions.

 

By LISA DEMER

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Compassion and Justice « Step By Step

Compassion and Justice « Step By Step | Empathy and Justice | Scoop.it
Our “tour guide” was a friend of mine from seminary and church.
He touched on the topic about the difference of compassion and justice.

I’ve never really thought about the difference of compassion and justice. And I’m thinking on my feet as I blog this (or more like, thinking while I’m typing) which means that I may not even make sense. So bear with me. Please.

Compassion is important.
But after our conversation, but in the end, perhaps compassion doesn’t really solve anything. It seems like, for the most part, that compassion just fixes an immediate problem.
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Empathic Mediation and Empathic Communication

Empathic Mediation and Empathic Communication | Empathy and Justice | Scoop.it

Beneath the positions and strategies of people in conflict lies a magnetic field of possibility, our common humanity, ready to invite resolution. Empathic Mediation is a structure for resolving conflict that taps into this rich source of resolution with empathy.
 
Using the skills of Empathic Communication, the mediator creates a safe, and balanced environment in which people can be heard as they wish to be heard.

This model differs from other structures for negotiation in that strategic thinking is delayed until after empathic connection has been established between the participants. ..

Emily Gould brings 30 years combined experience as a coach, mediator, facilitator, and attorney to her conflict assistance practice.

 

by Emily Gould

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Restorative Justice provides a context to increase empathy. | Restorative Justice and Circles

Restorative Justice provides a context to increase empathy. | Restorative Justice and Circles | Empathy and Justice | Scoop.it

Empathy. A crucial emotional response to those around us. We are hard-wired to connect with others. From the book Born for Love which is about the:

 

empathy that allows us to make social connections, and the power of human relationships to both heal and harm.

 

I had a nice conversation with a man who serves youth. He was once “at-risk”, and we had a good conversation about Restorative Justice approaches. This man explained the importance of context for empathy. This man grew up in poverty, he never knew about home ownership, it was not part of his growing up. As a man, he now owns a home. He explained how he understands “foreclosure” now, but as a teen he had no context for that. I agreed about the context for empathy, but I continued to think about it.

 

Kris Miner
http://circle-space.org/about/
St. Croix Valley Restorative Justice 

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The Role of Empathy in Conflict Transformation

The Role of Empathy in Conflict Transformation | Empathy and Justice | Scoop.it
Neuroscientists at M.I.T have been taking image scans of people’s brains to find out more about the empathy of people who are in conflict with one another. Given that empathy fails regularly, researchers Emile Bruneau and Rebecca Saxe asked themselves: “Can neuroscience help people overcome their longstanding hostilities?”.

 

The answers they’ve found so far are shared in two recent videos, “World Pieces: The Neuroscience of Conflict” and “Finding Empathy“.

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Genuine Justice: Distinguishing Shame from Guilt and Empathy

Genuine Justice: Distinguishing Shame from Guilt and Empathy | Empathy and Justice | Scoop.it

 I again raised the question of using shame as a tool for promoting pro-social behavior among those who have committed crime, and described some of the findings of Dr. Brené Brown, a University of Houston researcher who specializes in shame and empathy. I concluded the blog by asking if using shame is an effective tool for restorative justice practitioners to use.

 

Dr. Brown’s own answer to this question is easily discerned in an editorial that she wrote in response to a 2005 Parade Magazine feature story by Dr. Joyce Brothers, “Shame May Not Be So Bad After All.” Dr. Brown’s response, “Dr. Joyce Brothers on Shame: Good Intentions, Bad Advice,” was published in the Houston Chronicle.

 

Sylvia Clute  
http://SylviaClute.com  

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Conference: Panel 009-A: How Can We Build a Culture of Empathy in the Justice System?

Conference: Panel 009-A: How Can We Build a Culture of Empathy in the Justice System? | Empathy and Justice | Scoop.it

Panelists:

 

Victoria Pynchon - I am an attorney-mediator and arbitrator. I am also a principal in the She Negotiates Consulting and Training firm for which this blog is named.

 

Joe Brummer - "Joe Brummer is completely committed to the field of nonviolence and shows it in both his professional and personal decorum. His trainings are inspiring and his mediation skills are those of a seasoned professional..."

 

Edwin Rutsch - founding director of the Center for Building a Culture of Empathy.

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The need for empathy on the Court

The need for empathy on the Court | Empathy and Justice | Scoop.it

President Barack Obama drew significant criticism from conservatives when he said that he wanted to appoint U.S. Supreme Court justices with "empathy." He expressed this during the presidential campaign and repeated it when Justice David Souter announced his resignation in the spring of 2009.

  

 

But the intense criticism caused Obama and others to stop speaking of empathy as an important attribute in a justice. This is a mistake, and two cases argued at the beginning of this Supreme Court term show the importance of empathy in judicial decision-making.Empathy, like so many qualifications, is elusive to define. It is about justices considering the effects of their rulings on people and their lives.

 

by Erwin Chemerinsky 

The National Law Journal

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The National Empathy Divide

The National Empathy Divide | Empathy and Justice | Scoop.it

The movement known as restorative justice challenges the notion that our basic response to crime should be punishment rather than healing.

 

Peace is not a state of "perpetual pre-hostility," as it has been described by military strategists -- that is to say, perpetual armed readiness and checkpoints and unending displays of superior force, eventually and inevitably lapsing into horrific violence. That may be the state of the world, but it's not peace, nor is it sustainable. It's the downward cycle in which we are caught -- and in which we fully and enthusiastically participate, with bloated national defense budgets and uncounted trillions spent globally to stay armed, terrified and isolated.

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Victim Empathy and Restorative Justice Meet

Victim Empathy and Restorative Justice Meet | Empathy and Justice | Scoop.it

What Have I Done? is a book and a course on the subject of victim empathy and it's fair to describe it as a very thorough, easy to follow and constructive pathway into understanding restorative justice.

 

Understanding how our actions affect others is without question, valuable in many respects, not least of all because it helps to guide us in our future decisions. Assuming that we learn from them, that is. When actions result in someone becoming a victim, the effect can be far-reaching and complex for some individuals to comprehend. Indeed, it can be the case that perpetrators of such actions are completely blind to the ramifications of their actions, even when these are highlighted.

 

 By Roger Blackman

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NVC Mediate your life: approach every conflict as an opportunity

NVC Mediate your life:  approach every conflict as an opportunity | Empathy and Justice | Scoop.it

To be truly at ease with yourself and those around you is transformative. The first step is to approach every conflict – whether internal or external – as an opportunity. When we understand and communicate our needs with clarity, and with deep empathy for the universality of those needs, conflict leads to connection. The illusion of separation from self and others crumbles. Finally, we are at home in the world.

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Thinking Cap: Legal Empathy

Thinking Cap: Legal Empathy | Empathy and Justice | Scoop.it

“The Anti-Empathic Turn” by Robin L. West, professor of law and philosophy and associate dean of research and academic programs at Georgetown University.


Georgetown Public Law and Legal Theory Research Paper No. 11-97.The Issue: Ms. West states that throughout the 20th century, the great jurists have agreed that empathy — the ability to share the perspectives of others — is a crucial aspect of justice. To make decisions about discrimination, malpractice or injury, one must know the law and history

 

By PATRICIA COHEN

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The Anti-Empathic Turn by Robin West

The Anti-Empathic Turn by Robin West | Empathy and Justice | Scoop.it

Justice, according to a broad consensus of our greatest twentieth century judges, requires a particular kind of moral judgment, and that moral judgment requires, among much else, empathy - the ability to understand not just the situation but also the perspective of litigants on warring sides of a lawsuit.  

Excellent judging requires empathic excellence. Empathic understanding is, in some measure, an acquired skill as well as, in part, a natural ability. Some people do it well; some, not so well. Again, this has long been understood, and has been long argued, particularly, although not exclusively, by some of our most admired judges and justices.

Somehow, however, this idea, viewed as so utterly mainstream for much of the last century’s worth of writing about judging, has, in the first decade of the twenty first century, become positively toxic, at least in the context of confirmation battles to the Supreme Court. What was once regarded as non-problematically central to good judging is now regarded as antithetical to it. No one challenged this claimed antipathy between empathy and judicial excellence. How did that happen?

 

Robin L. West
Georgetown University Law Center
img http://en.wikipedia.org/wiki/Justice

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Restorative Resources Santa Cruz

Restorative Resources Santa Cruz | Empathy and Justice | Scoop.it
Based on the Restorative Justice model, Restorative Resources Santa Cruz (RRSC) supports groups to function at their highest levels by integration of practices that build trust and teamwork and resolution of conflicts in ways that strengthen the group. In a world that often resorts to resentment, blame, and reprimands, Restorative Resources offers non-punitive processes to create environments where trust and understanding are valued and fostered.
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Restorative Justice, Youth and Adult Prisons

Restorative Justice, Youth and Adult Prisons | Empathy and Justice | Scoop.it
I became convinced that only an effort that fully involves the offender, that empowers him to be truly responsible for himself, will succeed in bringing about true rehabilitation.

If an effort is able to mobilize this power, then it will take root among the prison population, the group that can best bring about needed change. Once an offender is able to take this step he can proceed to help his companions. By developing personal insight he gains empathy for others.
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