A Quote by Thomas Sowell
The whole idea of equal justice under law is completely incompatible with the idea of judges deciding cases according to "empathy".
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Obama's attitude toward the rule of law is apparent in the words he used to describe what he is looking for in a nominee to replace Justice David Souter. He wants 'someone who understands justice is not just about some abstract legal theory,' he said, but someone who has 'empathy.' In other words, judges should decide cases so that the right people win, not according to the rule of law.
The whole idea of equal justice under law means that you've got to play by the rules. It has nothing to do with the underlying subject matter. You just tell the truth.
The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
Judges should follow the law in deciding cases - not their own values, good or bad.
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
All these problems [deciding cases] are easier for people who believe in God. Those of us who don't or can't have to do the best we can. That's what the law is, the best we can do. Human justice is imperfect, but it's the only justice we have.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
The idea is that to grasp an idea like equality or justice, you can't look at the equal and just or unjust things in the world around you, you have to somehow ascend to or maybe remember some kind of idea of equality and justice and this would be a Platonic form, and it would be different from the things that partake in the form.
Justice Lewis Powell spoke for all of us when he said: Equal justice under law is perhaps the most inspiring idea of our society. It is one of the ends for which our entire legal system exists.
I think the very idea of character, of developing not just grit, but empathy and curiosity, emotional intelligence - you know, the things that I want my own daughters to develop - the idea that we're going to get there through rewards and punishments seems completely at odds with the idea of character itself.
When I was a prosecutor in Kansas City, my job was to fight for justice and safety for all citizens in my community. Equal access to justice under the law is an American value embedded in the fabric of our legal and political system - the idea that anybody, powerful or not, can have their day in court.
Democracy matters because it reflects an idea of equality and an idea of liberty. It reflects an idea of dignity, the dignity of the individual, the idea that each individual should have an equal vote, an equal say, in the formation of their government.
The best way to have empathy for people and the best way to have empathy for our Constitution is to appoint judges who will rule based on the law and to have empathy, if you will, for the law only and to rule based on the law.
America thrives on identity politics, left and right. But France is opposed to the idea. Since the Revolution, the French have enthroned the idea of universalism. All of us must be equal before the law as abstract individuals, and that extends to the arts.
Christianity and Islam are concerned with the idea of justice, which can turn into political justice, social justice, economical justice, and so on. Buddhism is not so concerned with the idea of rights. There is more talk of responsibility than of demanding rights.
No matter what someone else has done, it still matters how we treat people. It matters to our humanity that we treat offenders according to standards that we recognize as just. Justice is not revenge - it's deciding for a solution that is oriented towards peace, peace being the harder but more human way of reacting to injury. That is the very basis of the idea of rights.
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