Empathy and Procedural Justice in Clash of Rights Cases
Bibliographic Data
| ID | 23027792 |
|---|---|
| Authors | Michael N Pearson (0000-0002-5330-4812, corresponding author), Megan Pearson (0000-0003-4104-4731) |
| Year | 2020 |
| Volume | 9 |
| Issue | 2 |
| Pages | 350-371 |
| Publication date | 2020-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Oxford Journal of Law and Religion (JOURNAL) |
| Journal identifiers | ISSN: 2047-0770 • E-ISSN: 2047-0789 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ojlr/rwaa012 |
| OpenAlex | W3034413953 |
| Language | EN |
| Citations received | 3 |
| References cited | 2 |
How should judges and the courts deal with litigation where there is plausible argument that each side's rights have or would be violated and where at the heart of the dispute lies moral and cultural disagreement about ideas of equality, free speech and the relevance of religion in professional and public life? These were the issues that arose in two well known cases decided by two Supreme Courts on either side of the Atlantic. In Masterpiece Cakeshop v Colorado Civil Rights Commission, 1 a bakery refused to supply a gay couple with a cake for their wedding celebration. 2 In the similar, but relevantly different, case of Lee v Ashers Baking Company 3 a bakery refused to provide a cake with the phrase 'Support Gay Marriage' and a picture of Bert and Ernie from Sesame Street on it. This paper considers the narratives put forward by the litigants in these cases and assesses the judgments from the perspective of the concept of the culture of justification. The focus will therefore not be on the doctrinal merits or otherwise of the decisions themselves but on how the literature on procedural justice, empathy and legal storytelling can provide new insights into these kinds of cases and particularly into improving the decision and judgment making process.
Criminology · Economic Justice · Empathy · Law and economics · Political science · Procedural justice · Sociology · Human Rights and Development · International Law and Human Rights · Law · Law in Society and Culture · Psychology · Social Psychology
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,75 |
| Citation span | 2022 - 2025 (4) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |