"How Liberalism Failed Terri Schiavo"

Eric Cohen has an outstanding piece on the Terri Shiavo case, which underlines the way in which "procedural liberalism" gave way to "ideological liberalism" and suggests that both ways of framing the issue are wrong:

FOR ALL THE ATTENTION we have paid to the Schiavo case, we have asked many of the wrong questions, living as we do on the playing field of modern liberalism. We have asked whether she is really in a persistent vegetative state, instead of reflecting on what we owe people in a persistent vegetative state. We have asked what she would have wanted as a competent person imagining herself in such a condition, instead of asking what we owe the person who is now with us, a person who can no longer speak for herself, a person entrusted to the care of her family and the protection of her society.

Imagine, for example, that the Schindlers had agreed with Michael Schiavo that Terri's time had come, that she would never have wanted to live like this, that the feeding tube keeping her alive needed to come out. Chances are, there would have been no federal case, no national story, no political controversy. Terri Schiavo would have been buried long ago, mourned by the family that decided on her behalf that death was preferable to life in her incapacitated state. Under law, such an outcome would have been unproblematic and uneventful, so long as no one had claimed that Terri Schiavo's previous wishes were being violated. But morally, the deepest problem would remain: What do we owe those who are not dead or dying but profoundly disabled and permanently dependent? And even if such individuals made their desires clearly known while they were still competent, is it always right to follow their instructions--to be the executors of their living wills--even if it means being their willing executioners?

For some, it is an article of faith that individuals should decide for themselves how to be cared for in such cases. And no doubt one response to the Schiavo case will be a renewed call for living wills and advance directives--as if the tragedy here were that Michael Schiavo did not have written proof of Terri's desires. But the real lesson of the Schiavo case is not that we all need living wills; it is that our dignity does not reside in our will alone, and that it is foolish to believe that the competent person I am now can establish, in advance, how I should be cared for if I become incapacitated and incompetent. The real lesson is that we are not mere creatures of the will: We still possess dignity and rights even when our capacity to make free choices is gone; and we do not possess the right to demand that others treat us as less worthy of care than we really are.

Read the whole thing.