Change occurs slowly. Very often a legal change might take place but the cultural shift required to really accept its spirit lingers in the wings for decades.
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It is a shame that the Legal Aid Commission and the Aboriginal Legal Service are so poorly funded ....... State and federal governments should be addressing this issueThe Daily Telegraph, Sydney, 30 March 2014
I am the prosecutor. I represent the state. I am here to present to you the evidence of a crime. Together you will weigh this evidence. You will deliberate upon it. You will decide if it proves the defendant's guilt.
Frosh (2002) has suggested that therapeutic spaces provide children and adults with the rare opportunity to articulate experiences that are otherwise excluded from the dominant symbolic order. However, since the 1990s, post-modern and post-structural theory has often been deployed in ways that attempt to __anage_ from; afar the perturbing disclosures of abuse and trauma that arise in therapeutic spaces (Frosh 2002). Nowhere is this clearer than in relation to organised abuse, where the testimony of girls and women has been deconstructed as symptoms of cultural hysteria (Showalter 1997) and the colonisation of women__ minds by therapeutic discourse (Hacking 1995). However, behind words and discourse, __ real world and real lives do exist, howsoever we interpret, construct and recycle accounts of these by a variety of symbolic means_ (Stanley 1993: 214). Summit (1994: 5) once described organised abuse as a __ubject of smoke and mirrors_, observing the ways in which it has persistently defied conceptualisation or explanation. Explanations for serious or sadistic child sex offending have typically rested on psychiatric concepts of __aedophilia_ or particular psychological categories that have limited utility for the study of the cultures of sexual abuse that emerge in the families or institutions in which organised abuse takes pace. For those clinicians and researchers who take organised abuse seriously, their reliance upon individualistic rather than sociological explanations for child sexual abuse has left them unable to explain the emergence of coordinated, and often sadistic, multi__erpetrator sexual abuse in a range of contexts around the world.
As mandatory reporting laws and community awareness drove an increase its child protection investigations throughout the 1980s, some children began to disclose premeditated, sadistic and organised abuse by their parents, relatives and other caregivers such as priests and teachers (Hechler 1988). Adults in psychotherapy described similar experiences. The dichotomies that had previously associated organised abuse with the dangerous, external __ther_ had been breached, and the incendiary debate that followed is an illustration of the depth of the collective desire to see them restored. Campbell (1988) noted the paradox that, whilst journalists and politicians often demand that the authorities respond more decisively in response to a __risis_ of sexual abuse, the action that is taken is then subsequently construed as a __risis_. There has been a particularly pronounced tendency of the public reception to allegations of organised abuse. The removal of children from their parents due to disclosures of organised abuse, the provision of mental health care to survivors of organised abuse, police investigations of allegations of organised abuse and the prosecution of alleged perpetrators of organised abuse have all generated their own controversies. These were disagreements that were cloaked in the vocabulary of science and objectivity but nonetheless were played out in sensationalised fashion on primetime television, glossy news magazines and populist books, drawing textual analysis. The role of therapy and social work in the construction of testimony of abuse and trauma. in particular, has come under sustained postmodern attack. Frosh (2002) has suggested that therapeutic spaces provide children and adults with the rare opportunity to articulate experiences that are otherwise excluded from the dominant symbolic order. However, since the 1990s, post-modern and post-structural theory has often been deployed in ways that attempt to __anage_ from; afar the perturbing disclosures of abuse and trauma that arise in therapeutic spaces (Frosh 2002). Nowhere is this clearer than in relation to organised abuse, where the testimony of girls and women has been deconstructed as symptoms of cultural hysteria (Showalter 1997) and the colonisation of women__ minds by therapeutic discourse (Hacking 1995). However, behind words and discourse, __ real world and real lives do exist, howsoever we interpret, construct and recycle accounts of these by a variety of symbolic means_ (Stanley 1993: 214). Summit (1994: 5) once described organised abuse as a __ubject of smoke and mirrors_, observing the ways in which it has persistently defied conceptualisation or explanation.
The source of desire to be driven by power and spread of influence makes its owner dangerous to its privileges, as it not only transforms the people who are beholden to its master, but as well creates fearful dictators and oligarchs.
Moral obligations verses Legal obligations. Legally, you must abide by the laws of the land or face the consequences of being fined, imprisoned or both. Moral obligations tend to lean more towards a spiritual nature of a person. Some people perform immoral acts because legally there are no consequences. Morals birth in the heart of the individual. Moral characteristics are developed at an early age and continue into adulthood. It's a disgrace to neglect having good moral character.
The main reason that violence correlates with low socioeconomic status today is that the elites and the middle class pursue justice with the legal system while the lower classes resort to what scholars of violence call __elf-help.
Nina could scarcely believe a house could be as quiet as the one on Washington Street. Although there were moments when she missed her children, her main response to living apart from her husband was relief_[H]er current solitude was not just a respite, it was a time to contemplate her future options. Nina marveled that she had choices to consider.
Leaving James was not something Nina had thought possible, but if she could do so and still keep her children, it might be better for them, as well as for her.
When her husband recovered, it was to shout abusively at her_. Later, when she reflected on it throughout the tedious courtroom proceedings, she realized this was the moment she had irrevocably determined to divorce her husband.
As a hedge against possible failure to prove adultery, this alleged __hat for a period of time from 1901 and continuing thereafter he [had] kept up and continued an undue, improper, indecorous and licentious association and intimacy with a woman, named Mabel Cochrane, many years his junior, and of questionable character and immoral habits.__i] Furthermore, Nina accused James of __estowing upon and receiving marked and improper attention_ beginning in the fall of 1901, __ndulging in undue and improper familiarity and intimacy_ with Mabel Cochrane.
If they could not prove adultery or extreme cruelty, Nina's attorneys had an alternate strategy available. Rhode Island was unique in allowing divorce based upon other, more ambiguous grounds, as well...[as] an omnibus clause in the state's legal code authorized divorce based upon..."gross misbehavior and wickedness in either of the parties repugnant to and inconsistent with the marriage contract"...the relative vagueness of the terms "gross misbehavior and wickedness" left room for interpretation by Rhode Island judges. Therefore, it was crucial NIna's attorneys prove she had legitimate standing to file for divorce in Rhode Island.
Whatever happened in those more than one hundred years, from the time my great-great-great grandfather studied law to the time when my own father took his bar exam in 1989, I may never know. Perhaps it was just greed and the good, old-fashion corruption that comes with power. The Drexlers have moved from the fight for human rights to the fight for corporations and wealthy individuals. We file their taxes, write their contracts, clean up their messes. As I see it, we have become little more than glorified Public Relations reps
Political corruption works by having an equally corrupt legal system to protect it.
Producing laws is not an easier job than producing cars and food, so if the government is incompetent to produce cars or food, why do you expect it to do a good job producing the legal system within which you are then going to produce the cars and the food?
My take on socialism is this: Socialism only seems to work when you don't fully implement it, when you keep enough capitalism around to pay socialism's bills, at least for a time. It's the difference between milking the cow and killing it. Socialism has no theory of wealth creation; it's just a destructive, envy-driven fantasy about redistributing it after something else (and somebody else) creates it first.
The legal system is blatantly rigged against the common people.