Comments on: Something that Troubles Me http://poliblogger.com/?p=6566 A rough draft of my thoughts... Tue, 20 Dec 2024 02:16:33 +0000 http://wordpress.org/?v=1.5.1.2 by: Accidental Verbosity http://poliblogger.com/?p=6566#comment-34415 Fri, 25 Mar 2024 23:00:45 +0000 http://poliblogger.com/?p=6566#comment-34415 <strong>Law and Emotion</strong> We meant to link Steven Taylor&apos;s ultimate, excellent piece on the big blog news story of the moment.&#160; Better late than never, as they say.&#160; It covers ground that Deb did in her post, which represents my thoughts as well, but with the add... Law and Emotion
We meant to link Steven Taylor's ultimate, excellent piece on the big blog news story of the moment.  Better late than never, as they say.  It covers ground that Deb did in her post, which represents my thoughts as well, but with the add…

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by: Steven Taylor http://poliblogger.com/?p=6566#comment-34391 Fri, 25 Mar 2024 14:35:57 +0000 http://poliblogger.com/?p=6566#comment-34391 Steven L. I agree--the whole thing is tragic--from the heart attack onward. There is much I find troubling in this case, and I hardly think the husband to be perfect. I have simply been a bit amazed by the way in which many (including, as noted, those with whom I often agree) have addressed this case. Steven L.

I agree–the whole thing is tragic–from the heart attack onward.

There is much I find troubling in this case, and I hardly think the husband to be perfect.

I have simply been a bit amazed by the way in which many (including, as noted, those with whom I often agree) have addressed this case.

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by: Solo Dialogue http://poliblogger.com/?p=6566#comment-34390 Fri, 25 Mar 2024 14:16:26 +0000 http://poliblogger.com/?p=6566#comment-34390 <strong>The Real Schiavo Divide</strong> It is becoming apparent that the real divide in the Schiavo debate is less liberal/conservative than social conservative/traditional conservative. The Real Schiavo Divide
It is becoming apparent that the real divide in the Schiavo debate is less liberal/conservative than social conservative/traditional conservative.

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by: Steven L. http://poliblogger.com/?p=6566#comment-34387 Fri, 25 Mar 2024 04:43:10 +0000 http://poliblogger.com/?p=6566#comment-34387 Agree with the point, Dr. -- the legal system has it down to a cliche: "Hard cases make bad law." Individual cases may make the application of a law or procedure hard to do, but bending it or ignoring it to reach the "right" decision essentially destroys the law and replaces it with the consciences of the individuals empowered to enforce or interpret it. To invoke another cliche, we are supposed to be a nation of laws, not men. That is being thrown aside here. I have qualms about the original trial court's decision. Although the evidence is certainly not one-sided, I am unsure that the husband's testimony would reach "clear and convincing evidence" regarding his wife's wishes in this case. Nevertheless, that factual finding has been made, and it was made by a person who was in the best position to weight the evidence and draw conclusions regarding the credibility and weight to be afforded to the husband's evidence. At that point, it becomes a "hard case." The summary of the gaurdian ad litem, who was representing Ms. Schiavo, certainly undercuts the information being put out by the family. I am not sure I am comfortable with the decision, but it was a difficult one made after what appears to be a valid and conscientious effort to afford her due process. That does not make me any less sad to see it happen, though. Steven L. Agree with the point, Dr. — the legal system has it down to a cliche: “Hard cases make bad law.”

Individual cases may make the application of a law or procedure hard to do, but bending it or ignoring it to reach the “right” decision essentially destroys the law and replaces it with the consciences of the individuals empowered to enforce or interpret it. To invoke another cliche, we are supposed to be a nation of laws, not men. That is being thrown aside here.

I have qualms about the original trial court’s decision. Although the evidence is certainly not one-sided, I am unsure that the husband’s testimony would reach “clear and convincing evidence” regarding his wife’s wishes in this case.

Nevertheless, that factual finding has been made, and it was made by a person who was in the best position to weight the evidence and draw conclusions regarding the credibility and weight to be afforded to the husband’s evidence. At that point, it becomes a “hard case.”

The summary of the gaurdian ad litem, who was representing Ms. Schiavo, certainly undercuts the information being put out by the family. I am not sure I am comfortable with the decision, but it was a difficult one made after what appears to be a valid and conscientious effort to afford her due process.

That does not make me any less sad to see it happen, though.

Steven L.

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by: Charlie Quimby http://poliblogger.com/?p=6566#comment-34386 Fri, 25 Mar 2024 04:12:34 +0000 http://poliblogger.com/?p=6566#comment-34386 <b>On Doing the Right Thing</b>As someone who had to consider resisting govenmental authority in opposing the Vietnam War, I believe there is a fundamental difference between an individual citizen taking this position and public officials doing the same. An elected official is obligated to uphold the law and not to use the force of government in pursuit of personal beliefs. The right action in this case would be to resign and then pursue one's beliefs. After exhausting legal means, as a private citizen, Jeb Bush or whomever has every right to act out of conscience against a condition or government policy he believes unjust. But he must also personally accept the consequences of such an action. Somehow, I don't think a jail cell is what <a href="http://grtdivide.blogspot.com/2005/03/terri-schiavo-second-opinions-on.html">these characters</a> have their eyes on. On Doing the Right ThingAs someone who had to consider resisting govenmental authority in opposing the Vietnam War, I believe there is a fundamental difference between an individual citizen taking this position and public officials doing the same.

An elected official is obligated to uphold the law and not to use the force of government in pursuit of personal beliefs. The right action in this case would be to resign and then pursue one’s beliefs.

After exhausting legal means, as a private citizen, Jeb Bush or whomever has every right to act out of conscience against a condition or government policy he believes unjust. But he must also personally accept the consequences of such an action.

Somehow, I don’t think a jail cell is what these characters have their eyes on.

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