Right Empathy vs. Left Empathy
Judges cannot be legal automata. They assess law within the context of their experience and their other assumptions and commitments.
Loosely speaking, we might distinguish between right empathy and left empathy.
The empathy of the right: Having understanding of and compassion for the difficulties of the rich, the powerful, the privileged, and all those whose status would be harmed by legal decisions that took into account historical and social contexts.
The empathy of the left: Having an understanding of how the realities of the lives of the poor, the disenfranchised, and those who lack social privilege can be impacted by the power of the rich, powerful, and the privileged through the law and making sure that legal decisions account for the historical context in which they are made.
Loosely speaking, we might distinguish between right empathy and left empathy.
The empathy of the right: Having understanding of and compassion for the difficulties of the rich, the powerful, the privileged, and all those whose status would be harmed by legal decisions that took into account historical and social contexts.
The empathy of the left: Having an understanding of how the realities of the lives of the poor, the disenfranchised, and those who lack social privilege can be impacted by the power of the rich, powerful, and the privileged through the law and making sure that legal decisions account for the historical context in which they are made.
