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Contributors
Chuck DeVore- Contributor
Assemblyman Chuck
DeVore represents 450,000 residents of Orange County
California’s
70th Assembly District.. He served as a Reagan White House
appointee in the Pentagon from 1986 to 1988 and was Senior
Assistant to Cong. Chris Cox. He is a lieutenant colonel in the Army
National Guard. Chuck’s novel, CHINA
ATTACKS, sells internationally and has been translated
into Chinese for sales in Taiwan. [go to DeVore index]
 The
Terri Shiavo Case
Positive law and natural law...
[Chuck DeVore] 3/22/05
The national discussion over the Terri Shiavo case serves to
illuminate the distinction between natural law and positive law.
Positive law, that is, human law written down in detail, says
that Terri Shiavo is married and that her husband, Michael, may
determine her fate.
Sound positive law is based on natural law. Unsound positive
law is based on nothing more than the opinion of those in power
at a moment in time (the laws of Nazi Germany, duly enacted by
German lawmakers, are an example of how positive law can be unlawful
and even harmful).
Natural law, on the other hand, sees that Mr.
Shiavo has had a common-law wife for some ten years in addition
to Terri and
furthermore has fathered two children by her. Therefore, Mr.
Shiavo has committed adultery, has abandoned his wife, Terri,
and has no authority whatsoever over his former spouse’s
fate – either that, or he should be prosecuted for bigamy!
Any reasonable person looking at the facts of this case can
see this.
Hence, the more fundamental question is who has custody over
Terri Shiavo: Michael Shiavo, the husband who abandoned her,
or Bob and Mary Schindler, her parents?
With the custody question decided, the secondary
issue then becomes the removing of “life support”. By the definition
in this case, “life support” means food and water,
so, I suppose, my two daughters are on “life support” as
I feed them and provide water that they would not otherwise enjoy.
Since Terri Shiavo requires only food and water to live, then
her parents wanting to provide their daughter with food and water
seems eminently reasonable.
Natural law is the foundation of the good laws
of our great nation. Our Founding Fathers cited natural law
in our Declaration
of Independence, “…the Laws of Nature and of Nature’s
God…” followed by “We hold these truths to
be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty, and the pursuit of Happiness.”
Michael Shiavo abandoned his spouse ten years
ago. End this madness. Let Terri Shiavo’s parents care
for their daughter. tRO
copyright
2005 Chuck DeVore
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