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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.
 

Thursday, March 24, 2005

This, by way of the Corner, where the slugfest continues:

There is a genuine dispute as to what Ms. Schiavo believed and expressed about life with severe disability before she herself became incapacitated; certainly, she never stated her preferences in an advance directive like a living will.
And any question upon that point, according to Florida law, is for the courts to determine, and they have done so.
If we assume that Ms. Schiavo is aware and conscious, it is possible that, like most people who live with severe disability for as long as she has, she has abandoned her preconceived fears of the life she is now living.
It's also possible that she has been screaming inside for going on two decades, now. What's your point?
We have no idea whether she wishes to be bound by things she might have said when she was living a very different life.
And also no reason to suppose she has changed her mind. She has no mind.
If we assume she is unaware and unconscious, we can't justify her death as her preference. She has no preference.
She is not confined to the present tense in this regard.

-- posted by Clayton 3/24/2005 08:29:00 PM


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