July 17th, 2009 at 10:12am
Under Elder Law
More and more adult children each year are facing the heart rending decision of taking the car keys away from elderly parents whose driving behavior has become a danger to themselves and others. This isn’t an easy decision to make because it represents the older driver’s sense of independence and dignity. For anyone facing this choice, there are some valuable tools to help you with your decision.There is no set age at which a driver is no longer able to drive; some drivers maintain their vision, reflexes and physical abilities well into their 80s and 90s while others, due to diseases such as heart disease or diabetes may face the decision of giving up their license in their 50s. The data shows that older people, due to their fragility and health issues stand a greater chance of becoming a fatality in a traffic collision but the good news, from an Insurance Institute for Highway (IIHS) study released in December, shows that the death rate for older drivers declined steadily between 1997 and 2006 compared to drivers in other age groups. There is no definitive data showing why the death rate for older drivers has declined but it is felt that older drivers are “self limiting” their driving by no longer driving at night, making shorter trips and avoiding interstates. There is also a feeling that more drivers are surrendering their license on their own when they can no longer pass the vision test or they come to the conclusion on their own that they no longer possess the ability to drive safely.For those that refuse to surrender their license, the American Association of Retired Persons (AARP) provides the following warning signs:
You can also suggest to an older driver they complete a Mature Drivers course that focuses on accident prevention. In some states this course provides mature drivers with an insurance discount and allows for a review of basic driver improvement.
By Law Article
July 17th, 2009 at 10:09am
Under Education Law
If you have an autistic child, your rights are the prime things that you should learn and study. The constitution protects every American citizen, and special laws have been passed in order to protect autistic people and people suffering from other disabilities. If you know your rights and the laws that can protect your autistic dear ones, you will find yourself in a world with better opportunities, irrespective of disability, gender, ethnicity and race. Knowing ones laws helps create a world in which there is more tolerance.
The I.D.E.A is the first law that you should familiarize yourself with. This is the Individuals with Disabilities Education Act. This act covers the age group 3-21 and provides special educational programs that autistic children require. This act gives the parents an active role to play when it comes to education that the school gives. First, you child will need to qualify under this act and a private professional makes this assessment. If your child qualifies, he or she gains the right to receive free public education according to her or his skill level. If the public school you choose does not have any provisions for such a program, it is mandatory that they create a program free of any charge.
Another act you need to know is the American Disabilities Act. This act prohibits discrimination based on disability in the workforce and with local and state government, the US congress, public accommodations, telecommunications and public transport. For instance, if a person suffers from autism, but has all the skills required for a particular job, he or she cannot be denied the job due to their condition.
There are many other laws that provide for autistic people to be constitutionally equal to everyone else. One of these laws states that autistic people have voting rights and all accommodations should be made to facilitate this. Another law states that no kind of housing can be denied to a person because he or she suffers from autism. There are many other laws providing for equality in many other aspects of life, and if someone you love is in a health care institution, you should study these laws well. You will help uphold justice if you know your laws and how it applies to your loved ones and to you. If you have any queries, local law officials will be willing and ready to answer them for you or provide you with sufficient material to clear your doubts. Ignorance is not a valid excuse. Therefore educate yourself regarding your laws so that you can protect yourself and autistic people around you.
By Law Article
July 17th, 2009 at 09:02am
Under DUI Law
The following is an all too familiar scenario in Virginia:
You are returning home after attending a warm send-off party for one of your colleagues. Many close friends and associates had gathered and you were enjoying every moment of the evening.
At the beginning of the party, you were going slowly since you knew you had to drive back home. But something changed about mid-way through-you lost control.
Before you knew it, the fun and laughter carried you away.
You overdid the drinking part and though you felt that you could safely drive back home, the authorities caught up with you at the intersection just ahead of your house.
Now, you find yourself in the back of a police cruiser, handcuffed and humiliated and wonder “what’s next?”
Well, in case you did not know, the Virginia DWI/DUI laws and associated penalties are tough!
The following is a list of what persons charged with a first offense DWI/DUI face:
- Your license is suspended for 1 year from the date of conviction.
- You face up to $2500 in fines, plus Court costs.
- You have to pay for, enroll in and successfully complete the Virginia Alcohol Safety Action Program (where you are subject to random drug/alcohol tests and have to pay about $300 for the course).
- If your BAC (Blood Alcohol Concentration) is greater than 0.15 but less than 0.20, it is compulsory for you to serve at least a 5-day jail sentence.
- If your BAC is more that 0.20, then the jail sentence is a minimum of 10 days.
If you this is not your first offense of DWI/DUI, then you face additional penalties such as: – Potential Class 6 Felony on your permanent record. – Minimum 20 days of mandatory minimum jail sentence. – Up to three years of license suspension. – Permanent loss of your vehicle.
If you are convicted of DWI/DUI while transporting a minor in the car, you could be sentenced with an additional $500 to $1000 in fines and a minimum of 5 days in jail.
In addition to all of these items, you have to retain a Virginia DWI lawyer (which will cost another $3,000) as well pay for assigned risk automobile insurance (which is extraordinarily expensive)!
Remember-all of these penalties, costs and inconveniences can be avoided by simply taking a cab, having your sober friend drive you home or staying the night at the home of the party host.
James Parrish is a DWI/DUI attorney in Manassas, Warrenton, and Woodbridge, Virginia. Mr. Parrish formerly represented law enforcement agencies and instructs law enforcement officers. His law firm offers free consumer’s guides on various aspects of the law including DWI/DUI, reckless driving, dog bites/attacks and automobile accidents.<a href="
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By Law Article
July 17th, 2009 at 09:02am
Under Drunk Driving Law
Breathalyzers Designed for Clubs, Bars, Alcohol Venues, Aim to Prevent Drunk Driving
Andatech, the company who pioneered the consumer market for breath alcohol testers, is encouraging owners of bars, clubs, entertainment venues and other establishments that serve alcohol to install a fixed or bartop coin operated breathalyzer machine in their place of business.
Although bartenders are trained to recognize when a patron has had too much to drink, an onsite breathalyzer supports their decision. When customers actually see their blood alcohol concentration (BAC), they are less likely to get into their car and drive.
The Andatech AL3500F works like similar vending machines, with step-by-step audio and visual cues to direct the user when taking the breath test and reading its results. It is equipped with fuel cell technology, which provides the highest rate of blood alcohol concentration (BAC) accuracy. To begin the alcohol test, the Andatech AL3500F dispenses a cylindrical straw for the user to breathe into so the sensor can calculate alcohol content. The BAC results are provided within 10 seconds.
The compact bartop design of the Andatech AL3500F is unobtrusive and allows for privacy when testing. It can be placed on the top of a bar, on a corner table, or mounted on a wall.
According to an Andatech spokesperson, the coin operated breathalyzer is being well received by owners of bars, clubs, pubs and entertainment venues because the device enables them to promote safe driving in a way that doesn’t impact their bar revenue. Most establishments that serve alcohol realize most of their profit from drink sales.
As a coin operated breath test, the Andatech AL3500F also offers alcohol-serving establishments an additional means of earning supplementary revenue because once they make the initial investment of purchasing the breathalyzer, they retain all the earnings from it. This earning incentive motivates staff to encourage patrons to use the breathalyzer to determine their blood alcohol concentration before getting into their car to drive.
By installing a coin operated bartop breathalyzer, liquor establishments can take a more active role in promoting responsible drinking and safe driving. It is expected that the effort will cut down on the number of drunken driving accidents and death.
Headquartered in Australia, Andatech is the industry leader in personal and professional alcohol detection breathalyzers. The company distributes breathalyzer devices developed for personal, workplace, transportation safety and law enforcement use. Vending opportunities for the Andatech AL3500F are also available.
About Author:
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By Law Article
July 17th, 2009 at 09:01am
Under Divorce Law
If you are filing for a divorce in the state on Minnesota, there are a few things you should know. If you know the basics of the process before you start, you’ll be prepared and will probably find the process smoother. Here are some of the basic facts that you should know.
The initial document that needs to be filed with the Minnesota court when requesting for a divorce is called the Petition for Dissolution of Marriage. The filing spouse will have to use this document to request the court to terminate the marriage under certain specific grounds. If both parties submit the petition jointly as Co-Petitioners it eliminates the necessity for the use of summons or for service of process.
Dissolution of marriage is governed by state law and it is essential that anyone filing for a dissolution of marriage in the state of Minnesota should meet specific residency requirements.
Minnesota Property Division Factors
Minnesota is an ‘equitable distribution’ state. While most debt and property issues are typically settled between parties by a signed Marital Termination Agreement, in the event that the parties are unable to reach an agreeable settlement, the District Court will first determine which debt and property is to be considered as marital. After assigning a monetary value to this marital property and debt, the court will distribute the marital assets between the spouses in an equitable fashion. Equitable in this case does not necessarily mean the assets will be equally distributed between the parties but rather it will be allocated according to what is deemed fair by the District Court.
The court bases its decision on several factors including the length of the marriage, age, health, occupation, employability, needs, liabilities, amount and sources of income of each party, opportunity for future acquisition of capital assets and any prior marriage of a party. The court also takes into the consideration the contribution of a spouse as a homemaker or the contribution of each in any acquisition. It is presumed that both spouses contributed substantially to the acquisition of property and income while they were married.
Minnesota Child Custody Factors
When deciding child custody issues pertaining to a divorce, the children’s best interest is the primary concern of the court. The court prefers if the parents can decide on the custody issues amicably, failing which the court bases its custody decision taking into consideration several factors including the reasonable preference of the child if the child is deemed to be old enough to express a preference. Other factors include the intimacy and interaction between each parent and the child; the child’s adjustment to school, home and community and the physical and mental health of all the individuals involved.
Minnesota Child Support Factors
Factors for determining child support include the financial resources, income, earnings and assets of the parents; the standard of living the child would have enjoyed if the marriage was still intact and the educational needs of the child as well as the child’s emotional and physical condition.
By Law Article
July 17th, 2009 at 09:01am
Under Uncategorized
On the job discrimination is more common than you might think, and you need to know how to handle discrimination when, not if, it becomes an issue in your workplace. This is a lot easier if you already have a job, but what if you feel that you are being discriminated during the interview process? It’s hard to prove that you’ve been discriminated against during the hiring process, but there are things you can do to address the situation.
The best way to prove discrimination is with a document or some other sort of documental proof. Evidence of a line of questioning or comments made during the interview can prove that you were discriminated against for a specific reason. Documented evidence is best, but it can be hard to get since most interviews are performed orally.
The first thing you should do is speak to the interviewer that discriminated against you. If this doesn’t work, talk to someone who is a position above the person who interviewed you. You may even have to take your complaint all the way to the top. Ask for an investigation into your situation. Most companies have processes in place that outline exactly how to handle discrimination during the hiring process.
Just because companies have policies against discrimination doesn’t mean that they enforce them. In some instances, discrimination is firmly entrenched in the company. If this is the case, you may need to contact an attorney. There are numerous attorneys that practice discrimination law. They will be able to tell you what your options are and point you in the direction that you should go.
Be sure to do your homework. Talk to other applicants and employees to see if they have been treated similarly. If you can gather numerous witnesses, you will increase your odds of winning your case in a court of law. Again, an attorney can help you with this.
There are numerous reasons why people are discriminated against and you need to know how to handle discrimination when it arises. Discrimination against race, gender, religion, age and sexual orientation are among the most common. Remember; discrimination can come in many forms such as refusing to hire, unlawful termination, promotion avoidance and so on. Discrimination can be hard to prove, but proving these cases is vital when it comes to upholding employee rights.
By Law Article
July 17th, 2009 at 09:00am
Under Disability Law
Have you been denied SSI Disability benefits? Did you know that most people who apply for Social Security Disability benefits are initially turned down? However, the Social Security Administration has an appeals process. With the help of a Social Security disability lawyer, you can repeal the decision and have your case reviewed.What is the First Step to Appeal SSI Disability? Once you have received your decision from the SSA, the next step is to file a Request for Reconsideration. This appeal must be filed within 60 days of the date on the SSI Disability application denial. If you were denied Social Security disability benefits during the application process, you may very likely be denied benefits during the reconsideration process. If this happens, don’t be discouraged! Reconsiderations are done by the same state agency that denied your first application, so odds are they will deny it again. After reconsideration, take your appeal to the next step.Hearing before an Administrative Law Judge: After denial of your claim at the Reconsideration level, you may request a hearing with an Administrative Law Judge (ALJ). At this step of the appeal process, the ALJ is not bound by prior decisions. At this level, you are more likely to win Social Security Disability benefits. Unfortunately, the wait-time for a hearing can range from 6 months to more than 2 years. – Tip: Before the hearing, make sure you have documentation of your medical condition, work history and doctors visits. You want to have as much evidence as possible to support your claim.Contacting a SSI Disability Lawyer: It is suggested that you have a SSI disability lawyer or a Social Security disability attorney represent you at your hearing. He or she will be familiar with Social Security disability procedures and administrative hearings. Having a Social Security disability lawyer can make the difference between winning your case and losing it. People that are represented by attorneys during the appeals process are approved at much higher rates than people who are not represented by the attorney. – Tip: Most SSI disability lawyers will not charge a fee for handling your Social Security Disability claim unless you win. Remember to double check to see if the attorney fees of the SSI Disability lawyer you are considering. Appeals Council: If you disagree with your hearing decision, you may ask for review by Social Security’s Appeals Council. If the Appeals Council decides to review your case, they will either decide your case themselves or return the case to an Administrative Law Judge for further review.Federal Court: If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.Final Recommendations to Appeal Social Security Disability: The appeal process for Social Security Disability benefits can be long and difficult. However, having a disability lawyer by your side can be greatly beneficial. The laws and regulations to appeal Social Security disability benefits are complex and specific. A Social Security disability lawyer will be able to explain the appeal process and assist you in winning your case.
By Law Article
July 17th, 2009 at 08:57am
Under Consumer Law
Only a few short years ago, it used to be fairly easy to file bankruptcy, almost as easy as it is in the board game of Monopoly, where the ramifications of doing so were about the same as in Monopoly. But it was determined that so many people were taking advantage of bankruptcy to compensate for a lack of financial skills, a lack of money management, and basically attempting to lead a champagne lifestyle on a beer budget that the bankruptcy laws were recently changed.
To be sure, the bankruptcy laws still vary from state to state, but there are some things that even state legislature cannot disagree on if they conflict with the federal bankruptcy laws. Even at this, some people have attempted to file bankruptcy in a state that may have more lenient bankruptcy laws than the state in which they have listed as their address of residence, and one of the things that the new bankruptcy laws is doing is ensuring that people who file bankruptcy do so in the state in which they live.
Another requirement of bankruptcy with the new laws is that the person filing bankruptcy is required to attend credit counseling sessions and financial education courses. While this is still part of the law and you can expect that requirement into the foreseeable future, studies are starting to show that such a requirement has so far failed to deliver the positive results that were expected, and in fact have delivered very few significantly measurable benefits to the consumer.
Is there a value to requiring consumers to spend (or as some say, “waste”) their time on credit counseling and financial education courses before being allowed to file bankruptcy? Many are saying it makes no sense at all. On one hand, the advocates who say it makes little sense are right, since by the time a person is so far in financial distress that bankruptcy is their most viable option, the time for financial education and credit counseling has long since passed. But on the other hand, how do you require someone to attend those classes and counseling sessions BEFORE they get into a bankruptcy situation, since the vast majority of people are unwilling to admit, even to themselves, that they are heading in the wrong financial direction.
Good consumer information about bankruptcy is one answer. While the government or the state cannot protect each and every consumer from financial folly, nor can they force the consumer to attend courses or counseling, they can put the monkey on the consumer’s back by making information about bankruptcy available, perhaps even at no charge. The vast majority of consumers have no clue about the various chapters of bankruptcy and which one they should choose if they get into a bankruptcy situation.
Moreover, most consumers think of bankruptcy as their only option, when in reality the act of declaring bankruptcy should be the option of last resort. There are many viable alternatives to bankruptcy, most of which do not have the long-lasting negative impact on the consumer, such as the fact that bankruptcy stays on one’s credit report for the next 7 to 10 years. Consumers should be taught about the options that are available before considering the “act of last resort”, which is bankruptcy. For example, debt consolidation firms can pull a consumer out of the financial fire without requiring bankruptcy in many situations.
Consumer education about bankruptcy is paramount, and every consumer should make a point to understand at least the basics of bankruptcy, what it means, how it works, and most of all, what viable alternatives to bankruptcy are available.
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By Law Article
July 17th, 2009 at 08:56am
Under Constitutional Law
If you’ve read it, you may have noticed that the U.S. Constitution, in designating how representatives were to be apportioned by population, excluded “untaxed” Indians, and counted each black slave as three fifths of a person. That’s in the first couple paragraphs, by the way. Fortunately it was changed when the 14th amendment was ratified.
Obviously the writers had the prejudices of the times they lived in. The lesson here is that we cannot create a perfect constitution that will stand the test of time. To think so is to think we have nothing to learn. Any document that is so important will need to be changed as we learn more and progress in our political and moral ideas.
Of course it could be dangerous to create an entirely new constitution, given the politics that would go into writing and ratifying it. Still, if we were to do so, what should it include? I can think of many changes that I would like to see, including an electoral process that is less based on geography and more on citizens political beliefs. In such a system, representatives would be elected not by districts but by voters across the country who share common political causes or goals.
But apart from the specific provisions throughout a new constitution, there is one important change that I would like to see right up front: A declaration of purpose and intent. The current document governing the United States is vague enough that there are many “gray” areas. The result is laws that may or may not be unconstitutional, based on differing interpretations. Differing interpretations are inevitable to some extent, but a clearer statement of purpose would resolve much of the confusion. An example follows.
A New Constitution – Preamble
“The government of the United States has only the powers specified in this constitution, and may not do anything which is not explicitly authorized by this document. The intent of this document is to protect the rights of individuals within the country, both citizens and all others, and that is the only valid purpose of government. When the United States government acts outside its borders, it must still act in accordance with this constitution, and refrain from violating the rights of individuals. This is in recognition that rights are not a gift of government, or an earned privilege, but are inherent in every human being.”
The idea here is to state plainly what the intent of the constitution is and what the proper purpose of the government is. This makes it much easier to determine when a law is allowable or unconstitutional. Combined with the clear enumeration of powers laid out in the rest of the document, there would be much less room for mis-interpretation than there currently is.
It also makes it clear that rights are not a matter of citizenship. Any and all who are within the jurisdiction of the government are to have their rights respected and protected. Also, the government cannot violate an individual’s rights just because that person is not within the borders of the country.
Finally, this preamble states that government power is limited. The current United States Constitution is supposed to do this as well, but is vague in many ways. A new constitution should state plainly what the government is allowed to do, and should require that all new laws specify the constitutional clause that authorizes them. This will prevent much of our useless legislation, and help prevent an abuse of power on the part of the government.
By Law Article
July 17th, 2009 at 08:56am
Under Construction Law
INTRODUCTION
The upsurge of spiritual energies encircling our planet at this present time, has resulted in an awakening in humanity of the existence of higher realities. Whatever the cause of this spiritual conflagration in the hearts and minds of humanity may be, the effects of its pulsation are readily apparent in the interest taken by the general public in the many metaphysical arts and sciences that were once considered occult and mystical, studied and applied by only an elite few. This higher awareness is gaining momentum with the aid of scientific research and study that is being carried-out in various universities and colleges–researches based on the theories of hyperspace and quantum physics, and also in the field of parapsychic science. Various paradigms of the constitution of man and his occult anatomy as found in Eastern philosophy and Yoga are being discovered to contain elements of truth. Even the nature of the occult processes of death are now being studied through various methods already established by science, such as hypnotic-regression. The problem now facing the metaphysical teacher and practitioner is:
1) The integrating of present findings of science to traditional metaphysical knowledge so as to be able to convey spiritual truths and Cosmic Laws in a rational, logical and intelligent manner to the educated masses who are wary of traditional cultural values and knowledge that are out-worn or unscientifically presented, such as precepts of value that are sometimes wrongfully considered to be superstitions.
2) To present new ways of teaching and healing in an efficacious and holistic manner.
3) To personally prepare the metaphysician’s own mind, body, and soul that s/he may effectively heal the dis-eased psycho-somatic principles of humanity.
4) To present metaphysical truths that would stimulate and awaken the innate divinity of those interested persons, thus fostering spiritual growth in contradistinction to the development of religious fervor, bigotry, zealousness, and fanaticism. The precept of universalism falls upon the shoulders of metaphysicians to educate the masses.
The four points above should be the main goal of metaphysics. Too often we see so-called metaphysical counselors degenerating into psycho-deceivers and rapists, into street fortune tellers and psychic readers who present sensational readings to appease the lower selves of their clients. Such a manner of counseling causes a dependency to others on the part of the client. As a result, spiritual growth is stunted for both the client and the counselor; for the counselor is responsible for what he teaches. Most people seem to believe that psychic ability indicates a high spiritual development. This is one of the erroneous beliefs concerning metaphysics that has to be rectified. A psychic person may not be spiritual, neither does a spiritually-evolved person to a certain degree have to be psychic. Low forms of psychicism may be atavistic, an indication of soul-regression, for certain animals have shown to be sensitive to psychic impressions. Psychic abilities may deceive a person and others into thinking that one is an “old soul.” There is an element of pride in this and is a spiritual pitfall. Like the medical profession that upholds the ethical code of Harpocrates, the metaphysician should conform to the divine moral principles that resides in his innermost being, and not deceive anyone, himself included, as to the puerile over-concern over one’s soul status or spiritual standing.
In this dawning of the Aquarian Age, every person is to be their own priest and healer. This should be kept in mind by those who are seeking to be shepherds of men. Like Socrates, counselors should be adept in awakening the inner intelligence of those who come to his sanctum for advice by mystical, metaphysical and psychological means, and not simply repeating scriptural verses or platitudes parrot-like for their clients to swallow. People may reiterate verbally the wisdom of others, and yet in their lives we see nothing–no divinity expressing through them. To practice what we preach is a trite saying, but a true one nevertheless.
Metaphysical and spiritual teachers should strive to connect every person who calls at his door to the person’s own Inner Light, to the person’s own innate wisdom or Buddhic Mind. We should all take responsibility for our own spiritual unfoldment. Self-reliance and self-motivation are factors that indicate the maturing of the soul. It is of vital importance to educate people the lesson of non-dependency upon the unreal, that which is false, the non-self, upon externals, and upon the fallible human intellect.
Awareness of higher realms is not synonymous to the ability to function in those states. Before one can operate one’s microcosmic components in higher dimensions and apply the laws governing any field of evolution, the laws of those states must be understood; the occult nature of man must be known and developed. For without the understanding of such, wisdom and power lies dormant. The Universe operates through Cosmic Laws and creative principles. By knowing and understanding these laws, it is possible for the human mind/will to apply and direct these laws so as to manifest perfection in mind, body, and soul. Cosmic energies may be harnessed by knowing its source, nature, and how it operates in the universe; and by duplicating the processes of creation in our individual lives, we raise our creative level and output that eventually manifests in abundance, prosperity, peace, health, love and fulfillment. A high level of awareness creates strong, constructive survivors out of us. It stimulates in us a profound interest in the abstract, in the first causes of mundane manifestations of circumstances, conditions and states that fill our lives.
An intellectual understanding of the Cosmos and its laws, and Reality, is insufficient, however. At a certain point of one’s probing into Reality, the intellect has to be transcended and a higher faculty of the soul brought into activity. It is incumbent upon the metaphysical counselor to unfold divine qualities such as wisdom, love, power, and intelligence that he may be an effective instrument in the hands of the Divine Being.
Laws of Nature belonging to any realm of existence are natural. It is only by non-awareness and non-apprehension of those laws that we call them “super-natural.” Nature manifests as a whole spectrum of energies, and only an infinitesimal part of it is perceptible to man’s senses. By expanding one’s consciousness by daily attunement with the Divine Mind, one gradually realizes the interrelationship of all manifestations, which in reality is of one essence. This awareness assists us to get into touch with the immaculate being of other people, and from such a level of awareness it is possible to aid them to improve their lives in a beneficial manner.
Our purpose in this paper is to present some of the important points of Cosmic Law and principles that the metaphysical counselor should be familiar and fully grounded with, thus increasing his effectiveness in his ministry. In Christian Tradition, it is believed that St. Peter holds the keys to the portal of heaven. “Peter” means “rock,” which in a philosophical and esoteric sense, signifies something fundamental, a foundation, a basis. Therefore, spiritually interpreted, Peter and the keys simply mean the fundamental laws and principles that when applied, opens our awareness to the spiritual heavenly state of our primordial consciousness. Higher metaphysical awareness can only be acquired when the fundamental laws of the Cosmos are sought, understood, and applied. There should be a sincerity of purpose in the heart of the metaphysician, for without it divine attunement would be difficult. This lack of divine attunement manifests in a poor expression of one’s ministry. The metaphysician must be attracted to the human soul and its manifold qualities; its struggles, its pain, its sorrows, its aspiration toward Truth and the Light, and its endeavour to acquiring freedom from mortal limitation and delusion. Such an interest unfolds one of the most important divine attributes in man–compassion. The true metaphysician is a mystic and an occultist, a magician, a philosopher, priest, scientist, and a humanitarian. All true servants of the Divine Being and humanity are Bodhisattvas. As a public servant, the metaphysician should live-up to this image–by expressing his innate Buddha-Mind in the world of men. This he should do so if he is to avoid being a metaphysician in name only.
REVIEW OF LITERATURE
In this chapter we will present two themes which we feel are the basis of metaphysical thought and awareness, and possessing the potentiality of spiritual application. To the metaphysician, they are the keys that unlock the door to myriad possibilities in healing and counseling. We will not overburden this section discussing the many excellent books and literature on the subject, we will, however, quote a few passages to support our notions and assertions. In the following chapter we shall present several principles and laws as related to those two themes that could be expressed as “relative and Absolute Reality.”
Awareness of the Mind and its Relationship to Mundane Reality
Metaphysics is the study of true perception; the knowing of the First Cause that brought the universe into being and the ontological processes that manifests life in the physical dimension; it is the personal awareness of the causes that creates one’s reality, the causes that are beyond the physical and material plane. The word “Reality,” of the above heading here refers to one’s mortal experiences in the samsaric, relative worlds and not to the Absolute. What one experiences in life is determined by the attitudes, thoughts, beliefs, opinions and feelings one revolves in one’s psyche. They are the cause of our fortune or misfortune. Our mind is an expression of the Divine Mind of the Universe, and thus, functions in a microcosmic manner and in the world as a creator. The mind creates in the world of form whatever lies within its consciousness, and more subtly but forcefully, whatever lurks in its subconsciousness. How we use our mind in filling these lower streams of the Divine Consciousness causes the many circumstances in life that we find ourselves experiencing. By creating our inner reality, we manifest our external reality–the outer is but a reflection of the inner. Animal breeds after their kind, so do our thoughts and feelings. For instance, poverty thoughts create poverty while sickly thoughts manifest sicknesses. Negative thoughts expresses outwardly as negative words and actions, and they usually rebound back to us as negative feedback from all those around us. What is true for the negative is also true for the positive polarity. This is the law of “like attracts like” in operation within the psychological and psychospiritual being of man. It is in this wise that we create and are responsible for our own heaven and hell on earth. We are creators and not mere creatures. The Aquarian Gospel puts it this way:
God never made a heaven for man; he never made a hell; we are creators and we make our own.” (33:9)
Living in hell-like circumstances and states is is the result of one’s ignorance and misapplication of the laws of the mind. Our mind is a two-edged sword that either “slays” the Real by its misperception or able to cut-through the unreal by its power of discrimination between the true and the false. Man was given the “freewill” to choose either one. Correcting one’s inner state–one’s attitudes, and belief-framework by positive, uplifting, constructive and lofty thoughts cause, spiritually speaking, the manifestation of heaven in one’s mundane experiences. Heaven is actually one’s way of perceiving things. We may see things as they are, or as they appear to be. Appearances are deceptive, a veil of Maya upon the senses. Hindu philosophy knows the world to be a play of the mind–Krishna’s leela. True perception is the de-hypnotizing of the mind of its false conceptions and ideas based upon opinions and not facts–that it may see beyond the veil–that it may cognize and recognize one’s true nature as the New Jerusalem.
It is well known to mystics, and documented by psychic researchers, that the subconscious mind radiates or broadcasts thoughts and feelings. Thoughts are patterns of energy-waves that tend to actualize or concretize in the world of form. Our minds, at a subconscious, psychic level, have the power to create sub-atomic particles from the Universal Substance. Whatever we conceive and generate in our minds, whether expressed or repressed, we influence our outer and inner environment–and thus, indirectly speaking, to us personally. It is for this reason that in order to create abundance, peace, health, and contentment in our lives and in the lives of others, the first step that we have to take is in the amelioration of the nature of our thoughts. Aside from improving one’s life, lofty thoughts also stimulate the higher chakras, or psychic centers. Prince Gautama who became the Buddha, discerned this truth and incorporated it into his teachings, in order to relieve the state of suffering in humanity and to set their feet firmly onto the path of spiritual integration. “Right Thinking” as taught by the enlightened prince, is one of the steps in the Buddhistic Eightfold-Path.
How one creates one’s reality is a theme in many of the channeled teachings that is being conveyed to us at our present area. This is, however, but an echo of the ancient sages and their teachings.”New Age” truths are but fragments of the eternal Wisdom that was taught by them. There is, as the Solomonic saying goes, “nothing new under the sun.” Understanding how we create our reality is one of the points that the metaphysician should be familiar with. It is one of the basic teachings that has to be inculcated in the minds of men, for the correct apprehension of this principle has the power of transforming a person’s life.
The metaphysician has to awaken a sense of responsibility in his clients, that they take control over their world. Many people believe that they are weak and powerless to change things directly or indirectly. This may or may not be true; however, one still has the freedom to choose one’s response and attitude toward things; and more important, one has the power of putting the right causes into motion in the realm o the mind that will indirectly change and influence conditions and events. Such an awareness should be instilled into the minds of people that they begin to live harmoniously, for when the source and cause of abundance are known and applied, less tension will there be in the struggle for survival. The laws of the jungle will be replaced with the Law of Love. Instead of competition there will be cooperation. There will eventually be more time and energy for higher pursuits. Without a higher awareness of life, man wastes and squanders his time and resources on trivial matters, and this causes one’s evolution to stagnate.
Copyright © 2006 Luxamore
Leonard Lee aka Luxamore
Metaphysical teacher, counseler, healer and merchant of occult/magickal items of Indonesia.Magickal Items from Indonesia: talismans, mustika pearls, kerises, etc.Magickal Bezoar Mustika Pearls from Indonesia.
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