Publication Type
Journal Article
Version
publishedVersion
Publication Date
3-2018
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
Volume
30
First Page
97
Last Page
118
ISSN
0218-2009
Publisher
Singapore Academy of Law
Citation
LOW, Gary.
Emphatic plea for the empathic judge. (2018). Singapore Academy of Law Journal. 30, 97-118.
Available at: https://ink.library.smu.edu.sg/sol_research/2552
Copyright Owner and License
Author
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.