Psychology and Law

Life is full of surprises and it is good to be prepared for unforeseen positive and less positive twists and turns in events that may suddenly develop. Unpleasant developments can thus even often be avoided. In this respect, there is much in psychological and legal terms that can be learned and managed.
In such cases it is important to look at life and its problems as opportunities and also as challenges to turn stumbling blocks into important stepping stones, with the help of appropriate and competent expertise and counselling.

A motto of the Psychology of the Capacity to Know and to Love is:

​Problems are not just there to be solved; they are primarily there to be solved together!
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From a psychological and legal context there are many daily issues and general problems that concern everyone, some of which are listed below:

I. Psychological matters that affect everyone

Following are psychological questions that everyone should examine early in life in order to attain, among other things, a better knowledge of self, a greater quality of life and maximal vocational satisfaction:

• What are my strengths and weaknesses? How can I optimize my skills and talents and reduce my shortcomings?
• How do I stand in my own way?
• What prejudices do I harbor and how can I overcome them?
• How do I protect myself from depression, sleeping disorders, addiction and burnout?
• Where do I need assistance in terms of counselling, coaching, psychotherapy and accompaniment?
• How can I improve my work and career?  
• How do I achieve a happy relationship, or a happier relationship, respectively?
• How can I better deal with my children?
• How can I protect my children from school stress, bullying, addiction, depression, from nihilism und meaninglessness, from extremism and fanaticism?
• Which advanced vocational training would help me personally and professionally?
• Is there a continuing education course on Psychology and Law?
• Is there an advanced vocational training in psychology that is specifically geared to my personal and professional development with an occupation-specific certificate or diploma?
• What is the sense of life? Is my philosophy of life realistic und psychologically healthy?
• How can I become more resilient, team-minded and improve my ability to relate to others? How can I avoid stress, or overcome it, respectively?

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​In view of this selection of essential questions, it is unfortunate to go through life largely unaware of one’s mental health and psychological well-being, and of that of loved ones. But, without this level of awareness, a life that is fulfilled, happy and secure is not well possible. This underlines the importance of taking responsibility for one’s psychological well-being and making use of psychological expertise and prudence. The work of the International Academy for Human Sciences and Culture and its psychology institutes, with more than thirty years of experience, devotes itself to this purpose.

II. Legal questions that concern everyone

From a legal perspective, there are four aspects and possibilities, respectively, that concern everyone and that everyone should make use of:

A. Living Will and Advance Care Directives
B. Last Will and Testament, Contract of Succession, Marital Agreement
C. Legal Protection Insurance
D. Preventive Consultation and Information—to prevent small problems from becoming big problems
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What are these aspects and possibilities?

A. Living Will and Advance Care Directives

Life expectancy is fortunately increasing. However, in general, the older we get, the more dependent we become on mutual assistance. We must reckon with the fact that, from a certain point on in life, it becomes impossible to deal independently with all the aspects of living. Also young people have the risk of losing the capacity of judgement, temporarily or permanently, be it through illness or accident. It is important not to disregard such risks, but to take reasonable precautions and be prepared. One possibility is a living will with advance care directives in which an individual appoints a representative who is entrusted with clear instructions concerning the individual’s wishes, setting a clear framework of respect for these wishes toward third parties.

​In the event of loss of an individual’s decision-making ability, the advance care directive allows one or several personally appointed individuals or legal entities to act as proxies, endowed with the responsibility for the personal care, for the financial affairs, or for all matters and aspects to be dealt with.  An advance care directive can include clear provisions of the maker governing living arrangements, representation regarding medical interventions, health care procedures, measures regarding therapies, the designation of a contact person for specific institutions, appointing representatives towards insurance companies, businesses, government agencies, etc.

B. Last Will and Testament, Contract of Succession, Marital Agreement

A last will and testament permits an individual to give binding instructions for after-death management and distribution of estate, establishing clarity of intent to avoid conflicts. It serves primarily to express and ensure deceased person’s last wishes. In some religions, making a last will and testament is a sacred obligation.

​Contracts of succession and marital agreements regulate matters of inheritance and matrimonial law in advance. Thereby optimal solutions tailored to specific family situations can be agreed on in case of the passing of a spouse. Usually, contracts of succession and marital agreements are a matter of ensuring optimal well-being and security for a surviving spouse.

C. Legal Protection Insurance

Around forty percent of all Swiss households have legal defense insurance. At approximately CHF 120 to CHF 500, the annual premiums are far lower than the respective expenses that would incur in a legal conflict. Thus, defense insurance is a sound investment. However, two essential points need to be considered: a) the scope of the insurance, i.e. what areas of law should be covered, and b) the right of free choice of an attorney in the insurance policy.

D. Preventive Consultation and Information—so that small problems do not become big problems

Legal problems usually arise when dealings between parties are either not at all clarified, or are not well-clarified or regulated, respectively. Furthermore, legal issues can only be reliably solved if they are well-understood. It is therefore very worthwhile to consult an attorney before entering into any contract. Especially in projects of long-term duration or large scope, it is advisable to clearly regulate the relationship between all parties legally.

​These are only a few aspects of prevention and management in daily life that should been considered by everyone. Swiss Law Solutions, the Ghaemmaghami Law Firm, is, preventively and in the event of a concrete legal problem, at your service with more than fifteen years of experience and expertise.

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