I am lucky, in that my name begins with a C and Eben edited my paper a long time ago. Still, it took me some time to inure myself to the scary red ink and actually digest his comments. His notes, along with this class, raise some issues I find both interesting and very complicated and I welcome your thoughts and help in sorting them out. (You can read his edits here - CarolineFerrisWhiteFirstPaper)

If I understand correctly, Eben sees empathy and empathic responses as one way of distinguishing between criminal/antisocial and social behavior. The ready distinction seems to be between those who feel for and can imagine the experiences of others, leading them to treat others with respect, and those who for whatever reason can't imagine the experiences of others, and so think only of their own interests and desires. But it's not always so clear: Eben points to the case of the empathic individual who nonetheless behaves antisocially, and the complex system of internal justifications this creates. Probably most people who commit crimes fall into this category.

This brings me to another concept from this class that has been gnawing at me: the idea that we all are a bundle of disparate selves, multiple personalities. Does this concept resonate with anyone else? Someone who is not suffering from some breakdown in empathy, but nonetheless hurts another person, must have something less than a fully integrated set of selves. Is that what is going on? Do we need to find better get our multiple personae to talk to each other?

Empathy also seems to be a way of thinking about the discussion at DoingWrongByNotDoing. Being open to the hurts of the world while simultaneously doing nothing about them is a toxic combination. I thought law school would toughen me up; instead I feel even more like a rod for every passing emotional lighting bolt.

It's getting late, and this is inchoate. I suppose what I'm really doing is asking for help resolving some of these ideas which seem connected to me, but whose connection I'm having trouble tracking.

-- CarolineFerrisWhite - 01 Apr 2010

With disparate personalities, which come in different forms and intensities, the goal is to achieve as much cohesion as possible. A lot of that comes with experience, maturity, compassion, humility, and self-contemplation. The many layers of personality could provide one (partial) explanation as to why crime rates are highest within the youth population. But I also think that the environment shapes and produces much of the polychotomy that can lead to aberrant behaviour. Thus, I do not think that the law should put too much, if any, emphasis on the good/bad distinction that you draw out. If the law is what it does, it can do that best without discriminating between the Holmes person citizen who merely cares about the law so that he doesn't break them (and when he does he regrets not the consequences of his actions but rather his failure to avoid his own punishment) and our moral citizen who shows remorse for his actions.

-- MohitGourisaria - 01 Apr 2010