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Forum (Forum & Focus)

Jun. 6, 2009

Background Check

As presented by the president and his Supreme Court nominee, framing issues in racialist terms perverts the proper role of empathy within the law, writes Joerg W. Knipprath.

FORUM COLUMN

By Joerg W. Knipprath

It is an unremarkable common-sense truth that we are shaped by our experiences and backgrounds. A problem arises, however, if such a general verity is given normative approval to be used in judging legal disputes, a matter that calls for such factors to be carefully circumscribed. President Obama, setting out his ideal qualification for judges, focused on empathy, on understanding for people who are "poor or Afri...

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