
Posted by paul Of course we can never know the answer to this question so I will not try to flatter myself with a, “yes”. But, I hope at least this. I would not be so arrogant as to presume I understood the law (especially if I was not an attorney) better than the umpteen jurists involved. I would not accuse people of being “wrong” unless I could articulate the error. I would not accuse someone of being “abusive” unless I could provide more than bumptious verbiage to back my claim. I would not play armchair physician with my television, and assert superiority over people who actually went to medical school. You state, “...that an individual is not proven competent or justified merely because their opinion coincides with one or more medical opinions, can be shown to be “legal” under the law, or even appears rationale.” However, in our society there is no need to “prove” competence [as a matter of law, but as a matter of fact - we are still working on this one...] any more than there is a need to “prove” innocence. The “presumption” is competence, and therefore you statement is rather - irrelevant. There are places in the world where the presumption is guilt and one must prove one’s innocence. I doubt these are places you would wish to live. The presumption of competency is to people with cognitive disabilities what the presumption of innocents is to all of us. Imagine a world where the parens patriae of the King is presumed inviolable unless a person with or without a disabilities proves otherwise. If we imagine that world with King Steven we know that righteousness would reign. But, will Steven be King forever? What would King Adolph do with the authority inherited from King Steven? Would he be so magnanimous? Might King Adolph forbid feeding tubes to preserve resources? I understand (in an abstract way), respect, and even admire your zeal, but I also think that these qualities can produce some myopic results. > As guardian, I would never allow one of my "wards" (or one of my children) to “choose” euthanasia or >abortion, in spite of their personal wishes or legal justifications You are not King yet. Therefore your “allow[ance]” is not a prerequisite for a competent child of legal age to make his or her own decision about his or her body. >There will always be tension between the “law”, as defined by men, and human understanding of a >higher, God-given “Law”. My guess is that this debate will continue raging until the day the Lord >returns. So be it. Intercredal discussions do not make for good arguments. I do not speak of the two of us, but rather your theocratic approach to solving issues in our democratic society. Your axiomatic approach might rouse your choir or make quakers of them, but they already sing for you, fear for you, and praise you, and therefore will not help foment your position. You will need more to convince ‘others’ to change minds, hearts, and policies. Without something more, statements like, “Food and water, otherwise known as “nutrition” should NEVER be defined as a “medical treatment” become mere opinion. The common law of the land disagrees with you. If you believe that your statements are self-evident then there is no reason to justify them. However, you have expended quite a bit of ink on this subject. Therefore, I can presume you do not think your position “self-evident” Unless you can provide for an argument, which does not involve thy goats and thy sheep, as to why someone other than myself, or someone I entrust, should decide what is best for me, then we will remain in disagreement. Otherwise, I will ALWAYS respect your opinions, and consider your arguments should one arrive ;>
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on April 14, 2005, 10:19 pm, in reply to "Re: terri schiavo"
68.6.36.93
>What would have happened had Terri's case been presented not before Judge Greer, but before a >more conservative pro-life judge who ended up ruling differently? Would you and Mr. Welch be up in >arms claiming the judge was biased and did not rule in Terri’s best interest? ![]()
Cheers, and a good weekend to ya…
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