Abstract

SAMAME, Luciana. Justice and Empathy: difficulties and proposals. Estud. filos. práct. hist. ideas [online]. 2016, vol.18, n.2, pp.77-88. ISSN 1851-9490.

In this paper I will be offering a critique on recent thought about an issue within the domain of Virtue-Jurisprudence which establishes a close connection between the concepts of empathy and justice. According to this idea, a judge´s ability to impart justice is dependent on whether or not she possesses empathy. Both Michael Slote and John Deigh defend this opinion, though in different ways. Nevertheless, I think both positions are subject to criticisms. Even when it seems appropriate to incorporate a reflection on emotions within the judicial realm, it does not seem correct to incorporate the concept of empathy. I will attempt to offer reasons why this is so. After addressing these criticisms, I will suggest what could count as a promissory way of incorporating emotions in the legal sphere.

Keywords : Virtue Jurisprudence; Judicial Virtues; Emotions; Justice; Impartiality.

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