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Empathic Dialogue: From Formalism to Value Principles

33 Pages Posted: 18 Jan 2013 Last revised: 3 Mar 2013

Mitchell F. Crusto

Loyola University New Orleans College of Law

Date Written: 2012

Abstract

In response to a recent call for heightened attention to judicial ethics and quality judicial decision making, this Article posits the idea that judges should engage in empathic dialogue, a judicial discipline, to achieve empathic constitutionality — a set of value choices that attend to the real world effects of their decisions on people. It seeks a paradigm shift from rights-neutral formalism to rights-focused value principles in federal courts. And it argues that especially during these economically challenging times, judges should assess their biases to minimize “blind injustice,” the unintended negative effects of their decisions and to achieve true justice.

Keywords: constitutional law, jurisprudence, judicial empathy

Suggested Citation

Crusto, Mitchell F., Empathic Dialogue: From Formalism to Value Principles (2012). 65 Southern Methodist University Law Review 845 (2012); Loyola New Orleans Law Research Paper No. 2013-01. Available at SSRN: https://ssrn.com/abstract=2201821

Mitchell F. Crusto (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St. Charles Ave.
Campus Box 901
New Orleans, LA 70118
United States
504-861-5743 (Phone)

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