Posted by
Mike on Thursday, May 28, 2009 10:40:40 AM
http://westernperspective.blogspot.com/
A degree of empathy is something we would expect in all of our judges.
Afterall, who would want someone like Herr Goebbels or Hannibal Lecter
sitting on the bench? The idea of a preferential option for the poor
has also been a part of the Western legal tradition since at least the
Middle Ages.
American jurisprudence, if we can call it that, is
overly concerned with Enlightenment ideas of equality and
individualism. It also relies too heavily on legal precedent, almost to
the point of obsessiveness. This causes judges to be unable to see the
forest for the trees in many cases, and thus reach the wrong
conclusions and ultimately bad decisions for America.
Sonia
Sotomayor could bring her gift of empathy to the high court and this
could help to heal the nation. But with everything else in life, it
depends on making the right choice. If she does not break from the
liberal mindset, there is little chance that we will see much
improvement on the Supreme Court.