Empatia, applicazione del diritto, formazione giuridica

The article tackles the concept of empathy, argues for its fertile role in law application, in both judicial and public servants’ activity, and draws some inputs for legal education.The analysis moves from the conceptualization of empathy as an ability, susceptible of being configured as an intellectual virtue, consisting in understanding the state of mind and the reasons for action of others, not as an emotion itself. By embracing the perspective of legal hermeneutics and taking this view on empathy, the author shows that its exercise is fruitful for the legal qualification of the case, as far as judicial activity is concerned, and to overcome the vulnerability that can affect citizens in their relations with public services, as far as street-level bureaucrats are involved. In this context, the analysis addresses and aims to refute the criticism that the presence of empathy in law application would undermine the principle of impartiality. Finally, the article looks at how empathy can be learned, not only through socialization processes, but also through education. It is maintained that training paths should promote self-awareness, attentive listening and moral sensitivity and that useful tools for these purposes include imagination, simulation and case discussions.