Justice and Empathy (Hardcover)

Toward a Constitutional Ideal

By Robert A. Burt, Frank Iacobucci (Editor), Robert C. Post (Foreword by)

Yale University Press, 9780300224269, 248pp.

Publication Date: October 24, 2017

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An impassioned argument for the role of courts as a moral and social agent for change and protecting the vulnerable

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. Constitutional scholar Robert A. Burt 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.

About the Author

Robert A. Burt (1939–2015) was Alexander M. Bickel Professor Emeritus of Law at Yale University. The Honorable Frank Iacobucci is a former justice of the Supreme Court of Canada. Robert C. Post, formerly dean of Yale Law School, is Sol and Lillian Goldman Professor of Law at Yale University.