Iqbal and Empathy
Darrell A. H. Miller
Duke University School of Law
May 15, 2010
University of Missouri-Kansas City Law Review, Vol. 78, 2010
U of Cincinnati Public Law Research Paper No. 10-25
This Essay argues that empathy does and should play an important, albeit limited role, in a judge’s decision making process. Specifically, empathy is essential for making correct, principled, and unbiased judgments, because empathy is one of the few means we have to understand human motivation. Empathy is a crucial cognitive mechanism that can help compensate for common cognitive bias. As such, empathy, appropriately restricted, should be an accepted and meaningful tool for judges to use in evaluating the sufficiency of complaints, especially as they relate to Iqbal’s plausibility pleading standard.
Number of Pages in PDF File: 16
Keywords: empathy, Iqbal, twombly, pleading, Sotomayor, jurisprudence, bias, cognitive, heuristics, behaviorism, economicsAccepted Paper Series
Date posted: May 22, 2010 ; Last revised: June 15, 2010
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