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Politics : View from the Center and Left
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To: Rambi who wrote (112117)5/28/2009 1:55:16 PM
From: cosmicforce  Read Replies (1) of 541743
 
>>RE: Empathy<<

If the law is not to be a meat grinder, I think adding some humanity and empathy is a good thing. Knowing what is balanced and right based upon an understanding of the suffering involved by both parties should be part of the decision process of the SCOTUS.

One could argue that the situations leading to the 13th, 14th and 19th Amendments had already been settled in law by the 3/5 compromise in Article I, Section 2, Paragraph 3 of the Constitution. Ironically, the Declaration of Independence says "All men are created equal..." These words should have set the tone, but when people with limited empathy are involved, a generic term "men" became "straight white males" and not "humanity". I doubt if pressed on the implications of the words, that many would have had a 21st century take on their meaning back in the 18th century. Fortunately empathy is generally expanding in the U.S. over time.

Someone without empathy could interpret the law as being clear. The number of SCOTUS cases involving what should be clear matters of law indicates that the law is a blunt instrument and as social institutions change, the law (and its interpretations) must change with it. The SCOTUS provides this and I hope to hell that the men and women that are seated their have some humanity and empathy.
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