Legal Meaning Compassion
This is an insightful article and a continuation of Professor Bandes` excellent examination of aspects of legal decision-making that do not fit into mere categories of reason or logic. This leaves some questions open, but it adds to its effect. Bands` starting premise is that the “rule of law” should prevent arbitrary decisions based on unpredictable emotions. Compassion is problematic – when it wrongly distorts substantive legal decisions. But she says it can also serve another purpose. The most important contribution of compassion is understanding what is at stake for others. In other words, seeing the rights of others from within; how they live it. (Page 3.) By empathy, I mean feeling the feelings of others. So when you suffer and I feel your pain, I feel empathy for you.
When you`re anxious, I catch your fear. When you are sad and I absorb your sadness, I am empathetic. And that`s different from compassion. Compassion means that I give weight to your concern, I appreciate it. I take care of you, but I don`t necessarily absorb your feelings. “If I feel compassion for you, I will be strengthened. I will be happy and try to make your life better. Paul Bloom, quoted in Vox, January 16, 2019 She acknowledges that empathy is a similar concept, that scientists disagree on the meaning of these concepts, and that these meanings have evolved over time.
Yet she argues that the heart of empathy is simply putting yourself in someone else`s shoes. Empathy has a great cognitive component. In contrast, “compassion is the feeling that arises when witnessing someone else`s suffering and motivates a subsequent desire for help.” (Page 5.) Bandes asserts that compassion involves “the call to action, which is not an inherent component of empathy.” (Page 5.) Perhaps this is why we say that a person “shows” compassion but “is” empathetic. Bandes also points out that Martha Nussbaum relies on Aristotle to argue that a judge`s compassion should be based to some extent on the idea that “the litigant is not to blame.” (Page 5.) At a federal adjudication forum at Drake Law School, one of the federal judges announced that he had used the “least restrictive solution” when imposing a sentence. It is very different from judges who speak harshly about law and order. I understood his argument to mean that judges should try to put themselves in the shoes of the accused or the offender and others such as his family, rather than treating the case with complete indifference to the humanity involved. In my view, Bandes argued persuasively that a legal system composed of compassionate judges would certainly be good for society and for the rule of law. As Martha Nussbaum said, compassion is “essential to motivate and sustain altruistic action and egalitarian institutions.” In a way that no other emotion can truly reach. It`s hard to build a relationship with someone who keeps their feelings under control. While there is a place to draw a line, the ability to identify and empathize with a customer shows that you can be trusted and that you have their best interests in mind.
Relationships are based on trust and compassion help create that bond. At Hartmann Law, we strive to be compassionate and approachable while maintaining the highest level of professionalism. We fight for our clients with everything we have, and we firmly believe that compassion and the law go hand in hand. Compassion is a much older word; It has been part of the language since the 14th century and finally comes from the Latin com- und pati, which means “to bear, to suffer”. Empathy is an imprint of the 20th century, which is based on sympathy as a translation of the German introduction (âGefühl-inâ or âGefühl inâ). It was first applied in contexts of philosophy, aesthetics and psychology and continues to have technical use in these fields. Being able to see all sides and understand everyone`s perspectives allows you to focus more on how to get the best results for your clients. Although many rules of the law are written in black and white, the details of a case are not always so fixed. Being compassionate is a tool that allows you to see the big picture, which only improves your strategy inside and outside the courtroom.
The distinction between compassion and empathy is often a theme of exploration. Compassion for prisoners Compassion involves compassion associated with an urgent desire to help or save. Treating the homeless with great compassion Compassion suggests compassion expressed outwardly through exclamations, tears, or words of comfort. The condolences from the loser`s house, which filled the condolences of the loser, relate primarily to the formal expression of grief for someone who has suffered a loss. Express condolences to the widow Sympathy often indicates tender concern, but can also involve the strength to enter into someone else`s emotional experience. went to see my best friend for sympathy, in sympathy for her desire to be reunited with her biological parents It`s hard to build a relationship with someone who keeps their emotions under control. While there is a place to draw a line, the ability to identify and empathize with a customer will show them that you can be trusted and that you have their best interests in mind. Relationships are based on trust and compassion helps create that connection. At a federal judging forum at Drake Law School, one of the federal judges announced that he had used the “least restrictive alternative” to impose a sentence. It is very different from judges who speak harshly about law and order. I understand him to mean that judges should try to put themselves in the shoes of the accused or the perpetrator and others such as his family, rather than treating the case with obvious indifference to the humanity involved. In my view, Bandes made a compelling case that a legal system of compassionate judges would certainly be good for society and for the rule of law.
As Martha Nussbaum said, compassion is “essential to motivate and sustain altruistic actions and egalitarian institutions.” in a way that no other emotion can truly reach. Compassion, or the ability to recognize suffering or hardship in others and to be compassionate, allows me to understand my clients on a deeper and more meaningful level. If a lawyer is able to truly empathize with their clients, they will be able to tap deeper into what they are going through, which will help them understand their perspective and perspective on their case. Can compassion coexist with the rule of law? I believe that compassion not only plays a vital role in the law, but also improves the client experience and the overall outcome of the case. In the DeShaney case, the court ruled formalistically that Wisconsin Social Services cannot be held liable if a father put his young son Joshua into a coma because it was the father`s fault. Although the agency has already intervened and even briefly fired Joshua, the court said the agency has no constitutional obligation to protect, even though it exists in other countries. She went on to argue that while Justice Blackmun`s famous reference is emotional and compassionate in his dissent to “Poor Joshua!”, Justice Brennan`s dissent is actually more powerful. Brennan`s dissent shows more clearly how the ministry`s previous involvement in father and son imposed a traditional legal obligation on the agency not to be grossly negligent or reckless.
Blackmun`s compassion alone, she argues, cannot be essential in knowing who should win because that`s not a sufficient or powerful enough legal reason. And Bandes points out that the facts of the DeShaney case didn`t just touch the hearts of the dissenting judges. Chief Justice Rehnquist`s majority opinion showed a compassionate attitude in part, although the court ruled against Joshua`s mother. I will talk about another case where the value of compassion played a central role. It`s Mabo (No. 2). [25] It is easy for me to forget that it has been three decades since Mabo (No. 2) was adopted. For you, Mabo (No.
2) represents Orthodoxy. In 1992, however, he was revolutionary. Compassion, compassion, pity, condolences, compassion mean the action or ability to share someone else`s painful feelings.
