Good point. Any change would have to better define what is needed for the courts to divine the individual's wishes. Certainly more than "my wife once told me".
I never did have faith in the system,
I know, it is a quantum leap. But, I continue to hope that citizens will wake up and remember that "the system" is ultimately our own creation.
"But, I continue to hope that citizens will wake up and remember that "the system" is ultimately our own creation"
Then some peopl ein this country also need to realize that this system of our own creation is also NOT the system our Founding Fathers created.
I don't think a majority of citizens even have a basic understanding about their government's functioning and maintenance. That's just not the way it has been, ever. Even the American Revolution was not supported by the majority of colonists. So, "the system" is a creation of the powerful; and while nominally the people have a voice in this constitutional republic, the strings of control are tenuously attached.
Ours is a complex system to boot, with local, state and federal interests intertwined in a complex but working web. I don't have the answer ore rremedy for injustice, and God says it's man's burden to bear. It just breaks my heart though, to see evil masquerade as "just following the law." Or, "I did it because I could."
Having studied Blackstone, and deliberated on it, I long ago concluded that a nation of laws cannot stand. There must be more, and in those days, the legal system had "law" and "equity," which operated (or was supposed to) from sound moral bases. The remnants of that are still in place, see the dissent in 11th Circuit's decision of a few days ago.
Having given this case a basic review, I am convinced it is a victory of form over substance; and it is a sad spectacle indeed.