Life: respect of the family is denied by Australian legal system
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Our conception and the gift of life, given to us by our family is so unique it is sacred to every person and every family group who have lived upon our planet, it is where trust and the natural bonds between people are born. Our love for our mothers and fathers is a natural love, as is the love they give to their children, the appreciation of the creation of a living child and the gift of being born being naturally shared between parent and child. This love between a child and a parent was given since time began and will continue into eternity. Grandparents, uncles, brothers, sisters, in laws, cousins, nieces and nephews all share in this love of the creation of life and their family.
The natural love shared between family member’s forms within us through our lives to shape our personalities. As we develop into children we engage with other people who are also members of families, we share a common history and common values in regards to what is right and what is wrong hence we are able to adapt to and enjoy the new people whom we meet. We make friends, fall in love and produce more children who love and thus the cycle of life continues. This process of living allows us as human beings to understand and develop the concept of trust. Trust allows us to love one another and to form the friendships we find so important in life. The concept of trust entwines itself into the fabric of our laws, and the trust between people and the legal profession in the life blood of the principle of the rule of law.
This love of each other and our need to care for one another bought us together as communities. These communities initially comprised of small tribes of hunter gatherers that evolved into groups of cultivators and eventually into the civilizations we now inhabit. Throughout this transition of human history we have made laws for ourselves. These laws allow us to live together in groups; they are the transfer of wisdom passed down from one generation to the next. Our laws, the rules that we have learned to live by come from the past are moulded in our life times and passed to future generations so as to service the survival of the human race.
Through these transitions we began to create laws so as we could benefit from each other’s sharing of resources. We very quickly realised that the ever progressing cycle of birth life and death followed a natural sequence of the passing of the days the transition of the seasons, and the accumulation of time through the years of our lives. We became to know that for our families to remain secure after our own life time, whatever we had managed to accumulate during our lives must be left to them so as to perpetuate our creation that is our own family.
We all know that wealthier people live longer and have happier lives on average. That is why so many of us work hard to earn more money so as we can become wealthier. Another component of wealth stems from inheritance. The wealthier the family heritage the wealthier generally are the offspring, provided factors impacting adversely upon that inherited wealth include war and acts of barbarism or theft are not enacted upon the family.
These events have normally occurred during periods of invasion, where one group has occupied another community’s territory and imposed their laws upon that territory, those laws being different from the invaded population’s laws and favouring the occupying population. The new laws are not shaped by the families of the occupied nation and do not evolve through the notion of trust, having been imposed by the dominant invader through acts of war and barbarism. These laws permit the invader to plunder and exploit the families of the defeated and have very little to do with trust.
In our contemporary democratic and multicultural nation Australia we are educated to believe that we can trust lawyers. We know that when we hire a lawyer we are normally dealing with issues of life changing significance either for ourselves or for our family, in such an important consumer relationship we have to be assured that we can trust lawyers. The laws regulating lawyers bind them to their clients though the relationship of trust.
So important and fundamental is this trust between the public and the legal profession to the rule of law that our government finances the office of the Victorian Legal Services Commissioner to ensure us that any lawyers who are untrustworthy will be disciplined so as we can be assured that we can trust our lawyer.
Did you know that if you appoint a lawyer as an executor to your estate that when they become the executor they are no longer bound by the legal professional act and are not deemed to be acting as a lawyer by the Victorian Legal Services Commissioner?