Emotional granularity in the courtroom
Chapter 11 endnote 58, from Lisa Feldman Barrett.
Some context is:
[Empathy] may prevent a judge from going too far in punishing the offender during sentencing, and help to ensure the morality of penal decision-making and retributive justice. This is the type of emotional granularity that makes for wise use of emotion in the courtroom.
When serving as a judge or juror, it is important distinguish the emotions of the parties involved, your own emotions, and any need you might have to care for those who are suffering. Empathy is perspective-taking; compassion is caretaking. Compassion, not empathy, might be fraught with problems for judicial actors. But it is possible to distinguish empathy and compassion only with a well-developed conceptual system that provides for emotional granularity.