| Anotace: | Životní příběhy antických hrdinů jako imaginace vlastního příběhu ve výuce i v terapii. Rozdíl mezi pohádkou a legendou je ve formě výpovědi v imaginativní řeči. Pohádka hovoří bezprostředně k nejhlubším vrstvám lidské duše, zatímco legenda používá zobecnění lidského příběhu v jeho ucelenosti. Mýty a legendy, zasazené v historickém kontextu, přinášejí ucelenost hodnotového systému a obrazy řešení nejnáročnějších životních situací. Výukově i terapeuticky jsou významné v posílení citového života a hodnotové orientace.
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Lawyers who help humans shield their rights aren’t the trouble right here
James Farrell is Director of the Queensland Association of Independent Legal Services.
Julian Burnside is a consumer of the Asylum Seeker Resource Centre. He does no longer take delivery of any expenses when performing for asylum seekers, and any offers of price for different offerings on this region are in a well mannered way declined.
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Australia’s courts serve us well, performing independently of their software of the regulation. However, that doesn’t guard them from attacks for acting their legal and constitutional responsibilities.
Similarly, legal professionals who act for human beings seeking to shield their rights are criticised for their function. Nowhere is this greater stark than inside the noble work of attorneys supplying criminal help to people seeking asylum in Australia.
Some of those attacks are personal and private, however an increasing number of they are public. An example is this week’s effort from The Australian’s partner editor, Chris Kenny, in reaction to applications to the High Court supported with the aid of Shine Lawyers’ George Newhouse.
Let’s depart aside the mistakes in Kenny’s a hundred and forty characters, including the announcement that the authorities budget Shine for this paintings – like a whole lot of the work in this space, inclined humans rely upon seasoned bono assistance – and the questionable legitimacy/lawfulness (no longer to say morality) of the rules.
Let’s also depart apart Kenny’s history of attacking this work, which include suggesting that the “compassionistas”, and their barrackers inside the “love media” either apologise or slink away, and go away the serious politicians to thrash out a policy “in the countrywide hobby”.
Let’s rather awareness at the crucial function of the courts and of the attorneys who help clients to bring their topics before the courts.
The concept of the rule of thumb of regulation isn't always well understood. It is, honestly put, that rights are decided through connection with set up law, not via the whim of individuals.
The essence of presidency is power; and power, lodged as it need to be in human hands, will ever be vulnerable to abuse.
When James Madison and the opposite founding fathers of america have been growing that united states’s establishments, they taken into consideration it important to create protections against abuse of strength by way of governments. A key protection changed into independent courts.
Australia’s founding fathers agreed and a few of the US protections discovered their way into our very own charter. Importantly, the rule of law has been protected thru some of mechanisms, beginning with adherence to the guideline of law.
In our legal subculture, A. V. Dicey’s conceptualisation of the rule of thumb of law has been usually followed, although the time period is virtually contested. Dicey defined “rule of regulation” thru three main tenets:
Martin Krygier shows that the guideline of law permits human beings to stay with out worry as it “saves us from others and them from us” in addition to “requiring rulers to function below regulation”.
According to our own government, the rule of thumb of law underpins the way Australian society is governed. Everyone — consisting of citizens and the authorities — is sure through and entitled to the benefit of legal guidelines.
The Attorney-General’s Department describes its primary obligation as defensive and selling the rule of thumb of law. This consists of assisting “the Australian government in being accountable for moves, making rational decisions and protective human rights”.
The World Justice Project defines the rule of thumb of regulation as a device of guidelines and regulations that upholds the following four general ideas:
Another exquisite American statesman, Jesse Ventura, observed:
You must be given the guideline of law, even if it’s inconvenient, in case you’re going to be a country that bides through the rule of thumb of regulation.
Caroline Kennedy notes that:
The bedrock of our democracy is the rule of regulation and that means we have to have an unbiased judiciary, judges who could make choices impartial of the political winds which can be blowing.
Former Chief Justice of Australia Murray Gleeson stated:
As an concept approximately authorities, the essence of the rule of law is that every one authority is difficulty to, and restrained by means of, regulation.
That approach that the regulation need to be capable of being ascertained earlier and that its software should be impartial.
Despite these noble ideals, significant sections of the network have traditionally been denied any actual possibility to exert their criminal rights. Their cases could now not even come earlier than the courts with out meaningful help from lawyers.
Researchers have identified a number of Australian instances that have had massive affects on public coverage. These consist of anti-discrimination law, the government’s energy to detain non-citizens, vote casting rights, asylum-seeker processing and other important areas.
Other studies has gone in addition, figuring out the role of community-based felony offerings in helping clients in traditional poverty regulation areas, which include housing, prisons, consumer credit, domestic violence, social safety, discrimination and police.
Critics of the gadget fail to realize that many instances of that type are run by lawyers for little or no payment. The taxpayer is probably said to pay for a number of these cases in one among situations. If the lawyer who brings the case is briefed through prison aid, they may be paid out of public funds, despite the fact that normally at 20% to 50% of the price that attorney may want to in any other case charge.
If the claim succeeds in opposition to a public authority, the dropping birthday celebration will normally be ordered to pay prices, in which case the legal professional for the a success birthday party will typically be paid.
Lawyers do have an critical position to play in preserving and selling the rule of thumb of regulation, and defending the rights of humans to whom Australian governments owe a duty. Some do this with the aid of providing advice and assistance to the various clients who have prison issues and may’t get assist. Some work to promote community know-how of prison troubles. Some are seeking for to try this via energetic engagement with coverage makers, although current funding restrictions will reduce this vital paintings.
And, sure, a few legal professionals go to courtroom with their customers. This is some thing that have to be applauded, now not vilified, in a rustic that respects the guideline of law and the establishments that guard its peoples’ rights.
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