Get It In Writing
Professor Bainbridge has been providing extensive coverage of the Schiavo case, including a thoughtful post on how the actions of Congress jive (or don't jive) with some of his first principles:
As I see it, Congress' act implicates four first principles I hold dear:
1. The culture of life
2. Limited government
3. Federalism
4. The rule of law
He concludes that while he can justify the first three, he can't reconcile the fourth:
In sum, the culture of life and the rule of law appear to be in unavoidable conflict. Both are central values of a free and just society. All of which makes it extremely difficult to decide where one stands on this issue.
Today, he highlights a post from MNKurmudge&DCKid which looks at The Statute of Frauds and the Schiavo case:
So now we see the comparison of what is too morally risky to leave to one persons unsubstantiated assertion. If you are buying a used Geo for $600, you need a written contract signed by the car dealer. If the object is the life of your wife, you don't need anything in writing from her--you can just suddenly remember that she had said once, by strange coincidence not long before having a tragic accident, that she wanted you to kill her if she ever had just such an accident. And the judge, having just finished ruling that a writing is needed in a dispute regarding sale of a used drum set, will pat you on the head and say that he will do everything he can to help you starve her to death. Even though her parents have asked you to simply divorce her, give them custody to care for her, and go on with your own life.
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