C&G Hot Issue #3
As the Senate Judiciary Committee deliberates on Judge Sotomayor's Supreme Court nomination, it is worth reviewing two (related) issues of note: (1) the role of "empathy" in judicial decisions, and (2) the significance attached to Sotomayor being a woman.
Regarding the first issue, quite a few have commented, including:
Stanley Fish - Empathy and the Law and What Kind of Judges Do We Want?
Rob Vischer (referring to Kerr, below) - Catholic legal theory and judicial empathy
Orin Kerr - Legal Ambiguity, Empathy, and the Role of Judicial Power.
As for the implications of Sotomayor's sex, Lynne Marie Kohm has commented on this issue at her blog. Fr. Araujo has also touched on this topic but in the context of discussing Justice Ginsburg's comments in a New York Times Magazine article entitled The Place of Women on the Court.
Should judges employ empathy? Should attorneys? What does empathy mean, anyway? And how should a Christian analyze the fact that some (including Justice Ginsburg) clearly place a lot of stock in Sotomayor's female perspective? For that matter, should a judge's sex play a role at all in the legal decisions he or she makes?
Regarding the first issue, quite a few have commented, including:
Stanley Fish - Empathy and the Law and What Kind of Judges Do We Want?
Rob Vischer (referring to Kerr, below) - Catholic legal theory and judicial empathy
Orin Kerr - Legal Ambiguity, Empathy, and the Role of Judicial Power.
As for the implications of Sotomayor's sex, Lynne Marie Kohm has commented on this issue at her blog. Fr. Araujo has also touched on this topic but in the context of discussing Justice Ginsburg's comments in a New York Times Magazine article entitled The Place of Women on the Court.
Should judges employ empathy? Should attorneys? What does empathy mean, anyway? And how should a Christian analyze the fact that some (including Justice Ginsburg) clearly place a lot of stock in Sotomayor's female perspective? For that matter, should a judge's sex play a role at all in the legal decisions he or she makes?
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