Peter Friedman
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Ruling Imagination: Law and Creativity

May 07th, 2009 | good lawyering, legal interpretation, propaganda

Richard Posner too knows empathy is a component of good judging.

Richard Posner “is considered to be one of the most respected judges in the United States, and “although generally considered a man of the right, Posner’s pragmatism, his qualified moral relativism and moral skepticism, and his affection for the thought of Friedrich Nietzsche set him apart from most American conservatives.” Posner is a judge on the U.S. Court of Appeals for the 7th Circuit, and he quite plainly recognizes that empathy is a fundamental component of good judging. As he writes in How Judges Think (at 117; emphasis added):

Another . . . major factor in judicial decisions in the open area [that is, where the language of the law does not prescribe a clear answer] is “good judgment,” an elusive faculty best understood as a compound of empathy, modesty, maturity, a sense of proportion, balance, a recognition of human limitations, sanity, prudence, a sense of reality and common sense. . . . It is another of the means that people have for maneuvering in situations of uncertainy. If law were logical, “good judgment” would not be an admired quality in judges – as it is even by legalists. 

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  1. Ruling Imagination: Law and Creativity » Blog Archive » Judges: you never really understand a person until you consider things from his point of view. Says:

    [...] Lithwick writes of her legal hero, Atticus Finch, and the noxious myth that empathy has nothing to do with being an effective judge: Atticus’s life instruction to [...]

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