Justice and Empathy: Toward a Constitutional Ideal

Photo of the cover of the book titled "Justice and Empathy."

Robert A. Burt (1939-2015), the Alexander M. Bickel Professor Emeritus of Law; edited and introduced by Frank Iacobucci, former justice of the Supreme Court of Canada; foreword by Robert C. Post, the Sol and Lillian Goldman Professor of Law

(Yale University Press)

The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality, contends constitutional scholar Robert A. Burt. In “Justice and Empathy,” he explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to Burt’s perspective is his unconventional view of the role of judges — not simply to decide disputes, but to promote a respectful dialogue leading to a genuine understanding between parties.