Archive for the ‘Uncategorized’ Category
The Waitaha Books brand represents what the Waitaha people stand for; peace, respect, and the passing down of knowledge from generation to generation. All operating agreements should also reflect peace, respect, and the passing down of knowledge from generation to generation, but there are deeper issues at stake when it comes to the operating agreement of a community or business that belongs to an indigenous people.
A good operating agreement lawyer will know that while every business should have an operating agreement that governs both the facts and the integrity of a community, there are issues that indigenous people have to consider that other businesses do not. For example, while Waitaha Books intends on never selling their ancestral teachings, other people in other communities may want to sell the information that they have gathered, but will still want to ensure that their ancestral teachings remain safe.
This is a massive contradiction that must be protected from prying eyes, and you can be certain that there are outsiders who are looking to steal knowledge that belongs to indigenous peoples for their own personal gain. This is why appointing a highly experienced operating agreement lawyer is of the utmost importance, as they will be able to ensure that they write up an operating agreement that keeps knowledge and assets in the community.
Additionally, a good operating agreement lawyer will know how to provide protection to community members who protect the community’s assets and intellectual property, such as archivists and content creators. Having these provisions in place will protect the community’s assets while simultaneously providing for the protection of each community member’s individual rights.
If the right legal protections are not put in place, not only could community members become disgruntled and break the community apart, but the legal system may end up allowing for outsiders to gain control of the intellectual property and ancestral teachings of a community that they have absolutely no connection to. While some operating agreements may be simple, others can reach into territory that is much more sensitive and complex, which is why the operating agreement process begins well before the operating agreement is even drafted.
An operating agreement will largely protect the community’s assets, especially if legal procedures are followed; however, there may be instances where legal action will need to take place in order to protect a community. For example, a company or organization may begin using the information or assets that belong to a tribe without permission, but are otherwise concerns that have nothing to do with legal protections at all. There are risks to be wary of and protect against, but it is important to remember that the best legal service programs are those that see the protection of a community’s assets as a part of their larger responsibilities to the community’s culture and the community’s heritage.
Some operating agreements may be simple while others are complex and possess a certain danger that cannot simply be protected with a few well-placed words in an agreement. In addition to the legal protections that may be necessary with regards to an operating agreement, there are disputes between community members that will need formal legal guidance to settle. More specifically, some communities may view their ancestors as the ultimate authority in all things, leading to significant disagreements about what an ancestor actually said or did, and what should happen with that information now that it is safely within the community. Being able to call upon your operating agreement lawyer in the court system to review each legal challenge to your community will mean that the rights of your community are protected to the fullest extent.
There are far more issues that must be accounted for when it comes to operating agreements for communities than you would expect for an ordinary business entity, and this is largely due to the fact that there are rights inherent to a culture or indigenous people that have gone completely unrecognized for centuries. From a cultural standpoint, protecting what happened in the past as a part of our history was the main focus, and what is happening presently in the modern world was of no concern. This has left a massive black hole where legal protections are concerned, and it has only made legal advisement more important to indigenous communities around the world.
For more information on the legal aspects of indigenous rights, you can visit Wikipedia on Indigenous Peoples.
Posted on April 15th, 2020 | | No Comments »
Among the Waitaha people, there is a strong tradition of respecting peace and the individual’s responsibility to promote it. With every person, woman, and man, there is a responsibility to one another as well as an awareness of their own legal and moral security.
While they would never condone violence among those who have the spirit to engage, they would recognize that sometimes mutual understanding and respect escapes some people, for whatever reason.
Rather than resorting to such an escape, they would say that it is important to realize that the knowledge of both the self and the external world are critically important, and that learning begins with the individual.
Differences exist with everyone; to claim otherwise would be foolishness. Such is the need to be mindful of the context, and such is the value of an expansive appreciation of the world around.
Recognizing one’s own legacy can be the beginning of solutions. Thus, it is in that light that the thoughts on self-defense and the legal self-defense weapons in Illinois are also presented. The recognition that such a context is appreciated can be the loudest statement of peace.
While not coming from the Waitaha, the example is fitting, as there is much wisdom in recognizing such differences in all societies.
The self-defense law in Illinois is founded upon a person’s right to defend themselves. In fact, 720 ILCS 5/7-1 says, “A person is justified in the use of force” against another individual under certain circumstances. Those circumstances where you are justified in using force include situations where:
To simplify, there are three main areas where you might be justified in protecting yourself: at your home, your vehicle, or when you are otherwise outside.
In these situations, you must take in the context and then make a decision as to whether or not the use of force is warranted.
As for legal self-defense weapons in Illinois, there are two important conditions. First, these tools should only be used when absolutely necessary. Second, these tools should not be lethal in nature.
Apart from the above, legal self-defense weapons in Illinois include:
- Pepper spray
- Stun guns
- Personal alarms
All of the aforementioned legal self-defense weapons should not cause great harm or injury to the aggressor. Using these weapons to do such would constitute a criminal act.
If you were to break activities down into times where legal self-defense weapons in Illinois could be permitted, they would be divided into two sections. Depending on the nature of the situation, you might be more or less justified in carrying and/or wielding them.
Where personal safety is concerned, there is little doubt that the Waitaha believe in the importance of protecting what is yours to protect. However, even in the name of self-protection, legal self-defense weapons in Illinois should only be used as a last resort.
For example, if you are in your home during the day and you create a defensive plan with the children if an intruder gets into the house, this is smart. However, many homes have security systems to alert homeowners when there is an intruder in the house, and this is easier than arming the individual members of the family.
Therefore, there is a respect for the home and belongings, as well as the pump of the individual’s heart.
One thing that can be emphasized here is the potential for legal self-defense weapons in Illinois to be used in dangerous and lethal ways. Therefore, at the very least, they must not cause great harm to another person, like death. However, the Waitaha would specify that the most appropriate way to deal with threats is non-lethal means.
In the end, the philosophy would be observed in the thesis that the law in Illinois not only protects the individual but also provides guidance for what constitutes justifiable use of force to defend oneself.
In fact, the notion of protecting oneself is rooted in the history of the culture, like when the Waitaha women learned to spear fish and gather shellfish, but they also protected themselves from the dangers of the ocean during storms.
Thousands of years later, it is still the presence of the sea that reminds us of the dangers and serenity that come from being around it. So it goes for all of the other gifts of nature, like trees and animals and grains of sweet grass.
It may be seen that understanding the past can help inform the decisions of the present, which ultimately improves the quality of the future.
Across cultures, there is never a war on ideas. Only when this truth is accepted can there be peace rather than chaos. Legal self-defense weapons in Illinois have a role in the future, but it should be respected always.
For more information on self-defense laws, you can visit this resource.
Posted on March 26th, 2020 | | No Comments »
As I have mentioned before, my practice in family law has taken me to new places. While discussing the concept and value of prenuptial agreements with a Canadian education organization I stumbled across the idea that the values of ancestor societies can help individuals understand these modern day documents. To this end I discovered a discussion of the Waitaha people.
I found an article with the title “Understanding Prenuptial Agreement Forms in Illinois: A Guide” on a website called The Frugal Engineers.
The Frugal Engineers is a blog discussing a variety of topics like financial savings, education, personal finance, and more. It suggests ideas and information that can apply in real life situations. Their most recent article tackles the idea of premarital or prenuptial agreements. This article really helps individuals who are preparing to marry understand what agreements mean, and what one may be looking for when completing an important document related to prenuptial agreements.
Waitaha was an iwi in New Zealand. Also known as “The Land of the Long White Cloud,” New Zealand was a highly developed society well over a thousand years ago, when Waitaha’s ancestors first settled. Like many island cultures, their society revolved around the ocean. They were skilled fishermen who learned to read the tides, weather, currents, and migratory patterns of the fish in advance to take advantage of seasonal changes. They also had a rich oral history, which has been preserved because a few members of their tribe still tell traditional stories.
While today we rely on written programs, like this important document related to prenuptial agreements, the Waitaha people had a unique way of relating information from one generation to the next. Sometimes, this communication would take the form of songs that told stories. But it also included specific explanations of what to do, and even how a person would approach the task. Imagine a person getting instruction by listening to a story that includes verses about how to build a fire, what tools are needed, how to hold the tools, and what to watch for. These practical elements are less likely to be communicated with disapproval or expectation than with gentle guidance.
Perhaps the most important cultural concepts to make out of these stories is the reminder to seek peace and practice respect. This was true when a person was born into Waitaha and it was true before a couple committed to a life together. Yes, this is part of your cultural heritage. No, you don’t have to live as they did and feel pressure to relive the ancestor’s decisions. What the Waitaha sought to pass on was a legacy of respect and cooperation.
What do prenuptial agreements have to do with the Waitaha? Every year, talented members of this community would gather together to create new tales about the reality of their lives. The stories often played on words and focused on certain parts of human experience. From this developed what we know as fables. These are memorable stories that have meaning even today.
This doesn’t mean that pre-marital agreements are the same. What it does mean is that you can turn to the agreement to keep things honest, to indicate what your intentions are, and to offer a way to approach problems when they arise. This is a fair exchange for the cooperation presented in their oral traditions.
Posted on February 11th, 2020 | | No Comments »
A prenuptial agreement (also known as a marriage contract, prenup, or antenuptial agreement) is a contract signed by engaged couples in order to establish their rights and responsibilities in the event of a divorce. Within New Zealand’s multicultural society, many people find that a marriage contract with an international partner makes sense for them. Although these agreements are usually referred to as prenuptials in popular culture, it is important to understand that prenuptial agreements are nothing fancy. They are actually quite simple in form and function, but they can be incredibly important.
The elements of a prenuptial agreement are: Additional factors may be included if the couple chooses, but it is the elements above that are essential. If one or more of these factors is not present, the agreement may be deemed void in court. In such a case, the judge will likely then divide your property according to law in terms of who gets what during a divorce. A prenuptial agreement can therefore be invaluable.
If you’re not sure if a prenuptial agreement is right for you, consider a few pieces of Waitaha wisdom as a way to assess your situation: What stands out most in each of these stories? Respect for each other, as well as a true desire for a harmonious relationship, seems to be the common thread. In this way, native New Zealanders are the same as anyone else, no matter where in the world they come from. And when it comes to negotiating a prenuptial agreement, all partners should remember that fact.
Too often, prenuptial agreements are frowned upon in cultures around the world. Some people associate them with greedy pre-divorce holdings. Others accept them as a sort of handshake agreement that only shows their former mate how they should have handled things. Still others think prenuptial agreements only exist for the wealthy.
None of these perceptions are true. Prenuptial agreements are, however, a reasonably new concept for most of the world. They have only been available since the 1970s in the United States and even more recently here in New Zealand. Like so many other aspects of society, cultural values play a big role in which agreements last through the test of time.
Many folks don’t realize that even today, several parts of the world still operate under an “anterior marriage contract” system. This ancient system of husband and wife support has been around for thousands of years. It is only in the past few hundred years that the institution of marriage as a legal contract has been rigged with provisions.
Waitaha commonly negotiated agreements before marriage based on what was expected of each partner. These previously understood responsibilities were based on the concept of reciprocal obligation. That is, spouses entered into agreements to benefit both of them, rather than one or the other. By developing agreements along these lines, couples knew they could rely on the other person.
This cooperative model of relationship negotiation may seem like a relic, but it is still important for modern couples to understand. Respect for each other’s values, responsibilities, and societal norms still counts for something. If you disagree with your spouse’s values and embrace a stronger Western perspective, it can put a strain on you. Similarly, if you approach agreements with a “you owe me this” mentality, you’ll likely miss the point entirely.
Ultimately, a prenuptial agreement isn’t about having and keeping possessions. It’s about treating each other well – an ancestor’s teachings. If you approach a prenuptial agreement with your spouse in this way, it is absolutely possible to have it be a surprisingly positive experience.
Posted on January 7th, 2020 | | No Comments »
