Monday, March 21, 2005

Terri Schiavo - Public Perceptions of the Judiciary

A good point by Hugh Hewitt on the radio just now. He pointed out that through the Schiavo case a lot of people are learning a lot about judicial indifference to fact, urgency, and justice, and that the judicial system itself may well pay a price as a result. And they will have brought it upon themselves.

Very true. A standing argument I used to have (but finally abandoned in disgust) was with people who liked to advocate legalism in defiance of the principle of justice. It's a potentially fatal flaw in our legal system. When the courts no longer represent justice, but merely the arbitrary will of men, they lose the respect essential to properly fulfill their traditional role in our society.

Obviously courts must respect the laws and procedures as written. But in places where judgement is allowed - and for a judge in his own courtroom there are many such places - it's the responsibility of those within the legal system to see justice done to the best of their ability.

(end of rational discourse - a heated rant to follow)

And I don't give a crap what they taught you in law-school. Many societies in history lost sight of this, and revolt and even revolution resulted. And revolts and revolutions typically suck for all sides involved, so knock it off and straighten the hell up.

If you can't come up with an argument for the legal system killing Terri Schiavo that goes beyond legalistic detail, 90% positive you're part of the problem. That's a hell of a lot greater certainty than it is that Michael Schiavo is acting in Terri's best interest in the case in question.

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