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Justice
A recent post suggested that its a "good thing" to have a justice of the Supreme Court who exhibits "empathy". This argument is being advanced as a basis for supporting the Obama nomination of Sonia Sotomayor.
What is empathy? It is the exact opposite of justice.
Empathy: 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
Justice: The quality of being just, impartial, or fair.
We do not need empathy from our judges, we need justice.
Which part of "Justice is blind" is not obvious?
The answer is obvious. For those who cannot achieve their ends by a righteous, moral and just means, any means will do.
This is a great example of the root cause of our political division in this nation. There are people who believe that their goals are so worthy that any means required to achieve them is acceptable.
Its like someone who robs a bank to buy food for their grandmother. They figure "Granny needs a meal more than the bank needs the money" but the problem is that other people might just end up starving when their savings was stolen.
They cannot accept that justice..let me repeat... JUSTICE is blind. It does not see granny, nor the person who lost their savings. It sees the thief, the law against theft, the evidence, and makes a judgment.
The path we are on...a path where politicians nominate people based on their race, their gender, their willingness to demonstrate a particular bias against some people and for others...this is not the path our founders anticipated.
I will repeat for those who cannot remember it.... (From the Declaration of Independence..an old worn out document to some)
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
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0ld_Prospector,
Empathy and Justice are NOT mutually exclusive. What your examples refer to is "situational ethics".
Sincerely,
Robert Capp
In one blog post we see the soul of O_P_R_T_P_D. It's clear. He is personally devoid of empathy. That's why he can tie himself into knots rationalizing why it makes sense to deny two adults the right to marry or why using techniques long-ago defined as torture is a good thing.
Reading this made me think of the character of Javier in Les Miserable. He is a tragic figure indeed.
Empathy is a great characteristic for a judge when their grandchild has a boo boo. Its not a great characteristic for a judge when they allow it to affect their decisions.
Miuwtant: You are clearly unable to comprehend what you read.
Opie,
Why do you insult Miuwtant?
"This is a great example of the root cause of our political division in this nation. There are people who believe that their goals are so worthy that any means required to achieve them is acceptable." i.e. waterboarding.
bcapp; I disagree with you. Empathy is a nice thing for people who are not supposed to be impartial. The role of a judge is to be a legal expert capable of discerning with a fine degree of precision whether or not something is legal or not. Their role is not to shape the law or shape legal policy. Policy is for politicians.
Skeptic: Your question is ludicrous. He insulted me. He either is incapable of comprehending what he reads, or he intentionally mis-reads it. Your question appears to be intentionally feigning naivete' as well.
Old_Prospector,
ICD- 10 Criterion number 1 for Dissocial personality disorder (aka Sociopaths): Callous unconcern for the feelings of others and lack of the capacity for empathy.
OP. Your intellectual dishonesty is breathtaking. President Bush Sr. advanced the argument first that empathy in a judge is a something to be admired and valued. Obama essentially says the same thing, and suddenly you are tied up in knots about it.
When judges show empathy for the rights of the unborn, when judges show empathy for the sanctity of marriage you and other Conservatives suddenly embrace the value of empathy.
Opie,
"He did it first?" That's your justification? And because I asked you're now attacking me, too?
I think somebody needs a time out.