Law and compassion

Abstract

This paper provides the first overarching exploration and discussion of the relationship between law and compassion, based on a broad review of law and associated literature. The paper reviews the English-language literature worldwide, identifying and analysing key themes. It lays out a number of themes by which the relationship may be examined, including the problematic of defining compassion, addressing the concept of compassion, its components, to whom it is owed and under what conditions it is owed. The paper reviews how compassion is defined in formal law, including in case-law and legislation across a range of common-law and civil-law countries, and in international human rights and humanitarian law−revealing various judicial and legislative approaches to the place, meaning and application of compassion. The discussion of primary and secondary sources suggests a number of ways of thinking about the place or absence of compassion in law: how it helps theorise law, including its normative presuppositions and the conceptualisation of law. The paper concludes with consideration of possible pathways for future research on law and compassion.

Self-representation in the family court: is justice for all in Canada?

“…Indeed, stressful situations and extreme emotions are pressing concerns for litigants involved in family court cases, greatly affecting the outcomes of SRLs, but these are not considered in courtrooms (Coumarelos, Pleasence, & Wai, 2013). Feenan (2017) argued that if compassion were incorporated into the law, it could be a useful tool for lawyers and judges to make decisions in the best interest of the legal rights of litigants. This would reduce litigant distress associated with courtroom procedures.…”

Self-representation in the family court: is justice for all in Canada?

“…Just the pressure of the court process in many cases negatively affects litigants' overall health (Meadows, MacLanahan, & Brooks-Gunn, 2008). Studies done on the effects of decision-making under stress noted that making decisions in stressful situations could lead to a dysfunctional mind that focuses on one option while ignoring other possibilities, and this was more prevalent in women (Feenan, 2017;Starcke, Brand, & Kluge, 2016). Standing in front of a judge and participating in court settlement are stressful situations, and any decision taken under these circumstances are crucial for litigants.…”

Toleration and Compassion: A Conceptual Comparison

“…It is rare that scholars settle easily on a definition of compassion, with most leaning to defining it in the form of a multi-layered process rather than as a single term. Some, such as Feenan (Feenan 2017), do not decide on a definition at all, preferring to discuss compassion in terms of its object. This does not seem a helpful approach as, in order to discuss and implement the concept with any consistency, some form of objectivity and conceptual clarity is necessary.…”