EMPATHY IS NOT PREJUDICE: it is the ability to imagine the point of view of the other. Without this ability to engage in thoughtful outreach, beyond one’s own personal realm of experience, and empathize with the human situation of the other, no jurist can begin to understand the human meaning of the arguments made in their court, and objectivity remains wholly beyond their reach. Empathy is not sympathy.
Sympathy means feeling what the other feels, experiencing grief at the other’s grief, loyalty in kind with the other’s loyalties, taking sides; empathy is the ability to comprehend the meaning of another’s experiences, and does not entail adopting or sharing the other’s views. Empathy for a judge means the ability to see how both parties arguing before a court could arrive there based on legitimate human experiences and assertions about the protections and provisions of the law.