Publication Type

Journal Article

Publication Date

12-2017

Abstract

Justice must not only be done. it must be seen to be done. Thus, the contemporary orthodoxy is that the dispensation of justice must be dispassionate and blind, for to do otherwise is to risk accusations of subjectivity and bias. This article adopts the contrarian position — judges ought. in their decision- making. to take full account of the different perspectives of the parties involved. and can only properly do so if they possess and exercise empathy. The prejudice-related risks involved in embracing empathy are acknowledged. and strategies for dealing with these excesses are explored. With that in mind. this article posits field work to identify a judge's propensity towards empathy, and also the development of a professional programme aimed at raising awareness and enabling judges to apply and control empathic perspective- taking in their adjudicatory duties.

Discipline

Judges | Legal Profession

Research Areas

Asian and Comparative Legal Systems

Publication

Singapore Academy of Law Journal

First Page

1

Last Page

22

ISSN

0218-2009

Publisher

Singapore Academy of Law

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal/e-First/ctl/eFirstPDFPage/mid/519/ArticleId/1118/Citation/eFirstPDF

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