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March 25, 2005

There are no good answers

All Terri Schiavo posts are here.

This comment at Ace of Spades deserves its own entry, because it sums up the dilemma:

The intellectual libertarian in me demands logical consistency. I've raged at the court's and the left's poorly veiled transformation of the law and our constitution into what their conscience says it must be, seethed as they circumvented the rule of law and replaced it with the rule of man - 9 wise, learned kings, moral men, but men nonetheless. You can't expect people who feel this burning outrage to suddenly switch and say, OK, here is a moral outrage so great, so wrong, we must substitute our moral sentiments, our wills for that of law. No, they'd say, those are exactly the arguments that have been used behind closed doors by the left that have made those 9 men into our kings. It's a huge leap, and I don't begrudge them for refusing to take it. They have iron convicitons and I truly believe many are sad Terri must be sacrificed to that cause.

Then there are those who usually believe the above, but feel this is the breaking point. Logical consistency must fall here to a greater good. (some of the other posters may note that a foolish consistency is the hobgoblin of little minds) A human life hangs in the balance and between law and life, law must always lose out. After all, if law doesn't exist to protect that, what is the point of having law? Our law and Constitution is many great things, but it is not a death pact (someone said something like that once, but not really.)

Anyway, must logical constency and faith in law always trump our moral intuition or what we strongly feel to be the right thing? Thomas More, somewhat of a hero to me after I saw 'A man for all Seasons' as a kid, gave a wonderful speach in that movie and taught me yes, it must. "and when the devil turns on you, after you've chopped down all the laws...." and all that. Damn, I know he's right. I know it. I know it.

Other heros (Rosa Parks, MLK) taught me that the law is nothing if it is not just. In fact, I have a moral duty to violate it. And I know they're right. Not sure of my history, but I suspect, knowing the Germans, Auschwitz was perfectly legal (with the requisite forms in triplicate)

Really, what do I believe? I believe the Law is wrong here, it must fall. Men must rise up and do what is just by non-violent means. And I believe we are wrong do so, because we've substitied our will for law and ripped apart the thing that protects us from each other. Damned if I do, damned if I don't.

I normally hate 'both sides are right/both side are wrong' cop outs. But I know what I'd do if I were a judge, and I know what I'd do if I was Terri's doctor. And they are not the same. Just saying I see both sides here because both sides exist in me (they're sort of fighting it out, medevil seige style, north of my stomach). Both sides are acting in good conscience and I can't fault anyone I normally read for their conscience and I can't even fault them for wishing it'd all go away. That's all.

This also explains why opinion on all sides of this case has crossed all ideological and party lines. It also explains why some people are refusing to have an opinion on it. I imagine every time they think of something to say they immediately think of the opposite. (And that's a legitimate position to take. There's no rule that everyone has to blog about the same things.)

UPDATE: Daniel Henninger is equally conflicted.

UPDATE: A survey of the range of opinion in halacha (Jewish law), which I posted about here as well. It all hinges on whether the feeding tube is simply nutrition and water, or whether it should be regarded as medicine.

Judith | 03/25/05 at 04:45 PM | Categories: - Terri Schiavo

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Blogs which link to There are no good answers:

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Tracked on April 2, 2006 12:07 AM

Comments

Well... It's more dangerous for some people to cut down laws to go after the Devil than others. It's particularly dangerous for government officials to do so. In other words, I would support Terri being rescued through private civil disobedience but not by means of a the governot sending in a SWAT team.

Joseph | March 25, 2005 05:38 PM

You wrote: It all hinges on whether the feeding tube is simply nutrition and water, or whether it should be regarded as medicine. Actually, I think it all depends on how creative or dismissive you are with Jewish law. It was a very strange article. The subtitle was Jewish bioethicists are split. And the view headlining this is Rabbi Teutsch, director of the Center for Jewish Ethics at the Reconstructionist Rabbinical College in Wyncote, Pa. He "insisted" that because “most Jewish bioethicists would classify the feeding tube as medicine,” the question is “whether we should provide additional medicine.” That "insistence" is an interesting choice of words to present the argument of the piece. It informs the rhetorical force of the argument in the piece, but it isn't really backed up. Which Jewish bioethicists are split? We never find out. Then Rabbi Teusch makes the case,"that a feeding tube is comparable to a respirator — that one can make a decision to stop or start it based on what is in the patient’s best interest. And he said it is no different than stopping chemotherapy if the treatment proves ineffective." That is a very strange argument to argue against providing someone with nutrition. Clearly, in TS's case, it is nothing like a person receving chemotherapy, a treatment that is proving "ineffective." Here, there is no doubt, the nutrition was very effective. So you have this guy with a felacious argument and a minority opinion of the Conservative Movement's Committee on Law, whose argument is never spelled out for us, but whose argument is summarized as a tube is not a requirement. We are not told at what stage of the process it is not a requirement, nor whether once it is inserted, it can be withdrawn. Against this you have mainstream Jewish legal thought, which is that feeding is a requirement. Then the author of the piece weighs against this by citing the opinion of "Leonard Fein, a former director of the Commission on Social Action of Reform Judaism." We are told his opinion for 5 paragraphs. Who cares what he thinks? He's not a bio-ethicist, or a rabbi. He's a social activist, he's got no standing as an expert on this matter, except in so far as he represents himself and the left, and he seems to think that polls matter in this issue. And it is about politics. Then more rabbis are cited. Then Phyllis Snyder, president of the National Council of Jewish Women is cited. She's not an expert either. And she also addresses politics. And then we are given the opinion of several Jewish politicians who are against nutrition. So what you get, reading between the lines, is that by far the majority of Jewish legal opinion is for nutrition. We don't know about bioethicists, because we only hear a very insistent Rabbi Teusch insisting opinion is split, providing a very stupid argument that undermines the point he is trying to advance. Why didn't they interview Leon Kass, frex? Now he's a well known Jewish bio-ethicist. And since when are social activists and Presidents of the National Council of Jewish Women considered bio-ethicists whose opinion you would consult in life and death matters?

alcibiades | March 26, 2005 09:51 AM

In some ways the issue of whether a feeding tube is "medicine" is beside the point, since she's also under a court order forbidding attempts to feed her by mouth. It's in dispute whether she could eat or drink that way, but even if she can, it isn't allowed by the court. One wonders whether the spoon used to feed such a patient will soon be classified as "medicine", or even as "extraordinary intervention".

jaed | March 26, 2005 08:17 PM

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