Should Empathy Play any Role in the Interpretation of Constitutional Rights?

This paper explores the role that empathy can play in the interpretation of constitutional rights. It starts by analyzing the complex concept of empathy, comparing it with similar yet distinct concepts such as projection, sympathy and emotional contagion, then it discusses the widespread distrust of empathy among lawyers and legal thinkers. It will be argued that empathy can play a significant role in the interpretation of constitutional rights, mostly in identifying the interests and needs put forward in the claims and counterclaims of the parties. In the final section, the impact of empathetic judging on judicial minimalism will be briefly discussed.     

Widowhood,Socio-Economic Status,Health and Wellbeing in Low and Middle-Income Countries

Using data on women aged 50 and over from the WHO’s Survey of Ageing and Adult Health for China, Ghana, India, the Russian Federation and South Africa (N = 17,009), we assess associations between widowhood and socio-economic, health and quality of life deprivations. We find variations in the prevalence and timing of widowhood across the study countries, and associations between widowhood and being in the poorest wealth quintile for all five countries. For other deprivations, national experiences varied, with stronger and more consistent effects for India and China. These findings challenge generalised claims about widowhood and call for more contextualised analysis.     

Gender Differences in the Connections Between Violence Experienced as a Child and Perpetration of Intimate Partner Violence in Young Adulthood

This paper uses longitudinal and nationally representative survey data to investigate the direct relationship between three forms of child maltreatment (neglect, physical abuse, and sexual abuse), and future intimate partner violence (IPV) perpetration in the USA. We further examine the indirect effect that child maltreatment has on future IPV perpetration through the presence of youth violence perpetration, and the roles of socioeconomic factors on committing youth violence and IPV. Analyses indicate that gender differences exist for the developmental relationship between child maltreatment and young adult IPV perpetration, and the effects of socioeconomic factors on youth violence and IPV perpetration. For males, the direct effects of being neglected/physically abused as a child on IPV perpetration are not significant. However, the indirect effects of being neglected/physically abused on IPV perpetration through the presence of youth violence perpetration are significant. For females, the direct effects of being neglected/physically abused on IPV perpetration are significant. The indirect effect of being neglected on IPV perpetration is significant, while the indirect effect of childhood physical abuse is not significant. Childhood sexual abuse is not significantly directly associated with IPV perpetration for females; however, for males, it is the strongest (i.e., largest effect size) direct predictor of IPV perpetration. The indirect effects of childhood sexual abuse on IPV perpetration are not significant for both females and males.