Empathy and Article III: Judge Weinstein, Cases and Controversies

24 Pages Posted: 21 May 2015 Last revised: 31 Jul 2015

See all articles by Susan A. Bandes

Susan A. Bandes

DePaul University - College of Law

Date Written: May 20, 2015


The question of whether judges ought to be empathetic has been hotly debated in recent years. This volume celebrating the life and achievements of Judge Jack Weinstein presents an ideal opportunity to productively focus and narrow the empathy debate. Problematically, this debate generally treats judging as a monolithic concept. To debate whether empathy is a desirable attribute of judges as a general matter is to overlook important distinctions between trial, appellate, and Supreme Court jurists, and between federal and state courts. Using Judge Weinstein’s approach to judging as a touchstone, I explore the role of empathy for Article III judges, and for federal district court judges in particular.

Keywords: judicial decision-making, federal courts, federal district courts, Judge Jack Weinstein, empathy, moral imagination

Suggested Citation

Bandes, Susan A., Empathy and Article III: Judge Weinstein, Cases and Controversies (May 20, 2015). 64 DePaul Law Review 317 (2015)., Available at SSRN: https://ssrn.com/abstract=2608328

Susan A. Bandes (Contact Author)

DePaul University - College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States
(312) 362-8701 (Phone)

HOME PAGE: http://www.susanbandes.com/

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