Every1 keeps talking about the rule of law.
Well, there is the LETTER and there is the SPIRIT of the law.
I think we have so damn many detail rules and such that so many judges no longer bother w/the SPIRIT of the law - USING TRUE "JUDGEMENT" - and purely go on the letter. How is that judgement? That is merely following rules as written; we don't need judges for following instructions.
I'm not necessarily blaming HINO Michael Schiavo or even Judge Greer. I don't necessarily think either is as guilty of grave sins as every1 starts thinking.
BUT I do have a problem w/the way Greer apparently started all this, probably based on following a nit-pick law rather than using JUDGEMENT.
The basic problem from some years ago:
Allowing Terri to be essentially neglected based on the *HEARSAY* of *ONE* *QUESTIONABLE* man.
I know he is the official guardian. But let's look at it. In fact, never mind all the vitriolic accusations thrown Michael's way; let's assume he really intended the best for Terri (which is entirely possible).
By an outsider's view like the judge's, here was a man - a SINGLE, SOLITARY man - who suddenly started saying Terri didn't want to live "like that" (also undefined). Years after the fact.
Also, here was a man who already had adulterous relationships as well as had 1 going at the time of the hearing.
Those 2 facts alone should call into question Michael's interests, as a stranger looking at it.
Plus, he's not backed up by any1 else - it's all a single person's hearsay, not even 5 people's hearsay.
JUDGEMENT should have been used and the letter of the law "spousal guardian has right to do what he wants" ignored. It could have been done in the SPIRIT of the law. Please don't tell me this kind of thing hasn't happened in the past in our country. I have no doubt 200 years ago such things would have been done w/NO problem. And I trust the people around the Founding alot more than any1 today.
What bothers me next is this starvation method. This does not even qualify as "mercy-killing"; do veterinarians suggest you just stop feeding your dog and let him die off in 2 weeks? No, they do something instantaneous. *Cutting off air* is more instantaneous and hence less cruel. This is abominable in my view, this slow wasting. Ridiculous.
It appears to be little-reported in the news that Michael Schiavo put on a parade of witnesses - Terri's friends - who confirmed his testimony that she did not want to be kept alive in such a state.
No. There were three who testified as to Terri's comments when Terri saw her grandmother dying on a hospital bed. All three were Schiavo's. Michaels, his brother, Scott, and Scott's wife. Terri's blood family also testified as to Terri's wishes, and gave the opposite impression. The error is with the "finder of fact" as to what Terri's wishes truly are.
I find the error eggregious, but I am not a judge and have no power, so as a matter of law settled wrong, she wishes to die.
I abhor the "ethics" of causing death by starvation too, but that is a separate subject.