The ‘Unseen’ Deserve Empathy, Too

Posted on Sunday, May 31, 2009 at 3:23 pm

john_hasnas.jpgJohn Hasnas: Calling on judges to be compassionate or empathetic is in effect to ask them to undo this balance and favor the seen over the unseen. Paraphrasing Bastiat, if the difference between the bad judge and the good judge is that the bad judge focuses on the visible effects of his or her decisions while the good judge takes into account both the effects that can be seen and those that are unseen, then the compassionate, empathetic judge is very likely to be a bad judge. For this reason, let us hope that Judge Sotomayor proves to be a disappointment to her sponsor. See here. (HT: TOTM)