ABSTRACT
A basic tenet of social justice is a conception of the common good which applies without exception to a society of equals. The most vulnerable in society – all those considered to be ‘outsiders’ such as the poor, the disabled, minority ethnic groups, the elderly and women – would not be allowed to experience hardship, sacrifice and a loss of freedom while others continue to prosper. A concern for their well-being comprises a moral discourse which encompasses ethics and obligation, but mostly compassion, which has been described as a ‘basic social emotion’. Compassion without justice is no more than sentimentality, but justice without compassion leads to tyranny. Accordingly, the role of compassion is investigated in relation to, for example, land law, penal policy and the retreat of penal welfarism and growth of carceral culture in the US. The treatment of the poorest and weakest, especially the ‘criminal class’, is a reliable barometer of a civilised society. When tempered by empathy and moral humility, compassionate law-making and legal judgment can lead to the development and imposition of punishments with a reformative character, which focus on reintegrating the offender into society. The passions are claimed to define our relationships with others, just as compassion is one of a constellation of moral emotions that are indispensable to reason. This chapter uses examples from literature which have foregrounded law in their narratives to elicit compassion for those whose lives are different from our own and, in turn, have acted as a catalyst for pursuing social and legal reform.
