At times legal systems feel like going round in circles. Legal procedures move from one stage to the next and they may get referred back to the previous instance to resolve a particular issue or restart the procedure. This has good reasons with the aim of “doing justice”. Sociolegal circularity, however, begins before the, right at the beginning and negotiation of legislation on which all legal systems are based in democracies, that is. Hence, the legal definition of waste, recycling as part of the circular economy and society is rather crucial.
Circularity is a complex sociolegal issue as the example of PFAS in plastics demonstrate. In economic theory the existence of externalities invites profit seeking of the kind like: “the sea in large part is owned by us all and there is no price attached to the (ab)use of it. Dumb PFAS into the sea, because the costs of cleaning up will be shared by all of us”. In order to limit the extent of this economic logic, we have to rely on sociolegal processes. The precise definition of property rights and liabilities beyond the PFAS issue have to be well-defined. It is an intergenerational topic as well, not only in view of deferred payments.
Parliaments have to be rather competent to look through all the complex issues of producing and recycling of materials to make sound provisions in law including future generations. Going round in circles in parliament is yet another element of necessary condition of circularity in a rather broad sense.
The air we breathe and the water we drink have become part of this “economic externality”, which is a very internal, inside of our body kind of sociolegal affair. Who is responsible for the bad air we breathe and the contaminated water we drink? Air and water have for a long time become marketable products. The more your local water is polluted, the more we are forced to buy water. The more the air in inner cities is filled with fine dust particles, the more medical doctors, hospitals and rehabilitation facilities we need to construct.
For GDP calculations these are win-win-win situations, although they make us all worse off. Society and politics are in charge to define and redefine (yes, circles again) the legal basis with a lot of precision and scientific detail. Sociolegal circularity is key. You just have to turn it in the right direction.
(Image, Palais de Justice, Brussels view from Forest district).
Socioeconomic Circularity
Some sectors of the economy receive a lot of attention, for example sectors selling fancy cars. Other sectors, like the ones regrouped under the name of circular economy, receive much less attention and show up little in headlines. In fact, the circular economy is a great example of this. There are thousands of waste and rubbish collection, sorting and recycling centers, several hundreds of waste-to-energy plants, composting sites across the European Union. Of course, there is also a European Federation of the sector (FEAD). On the last FEAD conference in Brussels 2024 it became clear that Europe is finally waking up to the challenge of recycling costly raw materials.
The narrative concerning the sector needs to change further: what used to be subsumed as costly nuisance is in fact a potential profit center for companies and society at large. We do no longer want to import lots of raw materials from countries with dubious social and environmental records as part of our supply chains for raw materials. Time to act. This, however, is a rather complex socioeconomic challenge of circularity. The price mechanisms are not fully functional in most Member States, let alone across the EU. Additionally, the social practice to recycle varies greatly between countries. Distributional issues matter as well. It is rather obvious that dumping waste from one region/country in another one has huge implications (nuclear waste), but if one country values waste more than another one, due to innovative recycling techniques, the matter takes a marketable turn. Regulation should carefully distinguish categories of materials as we do for hazardous materials in production, consumption and for health and safety purposes of employees.
Metal, battery, cement, plastic and wood recycling pose challenges, but also opportunities to improve the European material import/export balance sheets. However, first in the circle of circularity is the use of materials. There we are clear that “less is better”. Less input of raw materials, most of which we import in the EU, reduces our dependence on other countries. This is the tricky social question of circularity. Mainstreaming of more conscious use and reuse of resources is a huge social issue, which we tend to relegate to a task for the education system. The awareness that supposed waste is also a valuable resource is spreading and the growth of the sector a business and employment opportunity for many. Circularity is the new sexy sector of the 21st century.
What have you recycled today? and myself? Well, scientific online publications. Now think of ChatGPT and the AI gold mines of 2024. There is lots of value in recycling.
(Image FEAD conference Brussels, 2024) 
Book Value
What is the value of a book? For the author of a book each book s/he has written or sweated the value of the accomplishment is pretty high. From the publisher’s perspective a book is an investment and sometimes a very risky one. The book store makes choices and takes the risk to devote time and effort to select the bestselling books or the best one suited to the local or passing audiences. Next in line are librarians who either stock everything published in a specific language or country (legal deposit) or select from the offer according to perceived interests of their subscribers. On the way to their audience many mistakes may occur. Books miss their targets or librarians go wild in their efforts to guard or discard books. In any case, many books do not find their audience. Some sit on shelves for years and will never be touched by anybody. Other ones pass from one hand to the other rapidly with long waiting lists.
Even if many conservationists don’t like it, it is the use of books that honors books and authors. Pocket books play a specific role in this link of readers and writer. Use rather than conservation, is the prime role of these lighter versions of books. They also have to endure heavy weather, scratches and folding of persons focused on content rather than precious form.
Last but not least in line comes the market for recycled books. Re-use of read or unread books has increased over years and some readers are happy to discover a discarded book from a previous owner (public or private). The value of a book lies in most cases in the eye of the reader. This then makes it an object of competitive marketing and continuous auctioneering.
(Image: pocket books at display of Popular heritage Lost and Found at the Royal library of Belgium 2024.
Sunny Trade
Some countries or regions struggle with trade deficits or trade surpluses, which cause worries to their partners. Eurostat publishes regularly the latest trade figures for the EU with external partners. The EU as a whole has a trade surplus in September in 2024 of € 12 billion. From January to September in 2024 the surplus accrues to 140 billion already. Overall, this is a rather sunny picture of EU trade. As we import raw materials and fossil energy mainly, the rest of the world is largely appreciating what we do with the imports, at least in an economic sense, environmental concerns tend to be neglected in such considerations.
The import statistics and figures do not capture the contribution of the sun to our energy balance sheets. We import energy from the sun almost on a daily basis and our trade statistics to not capture this, despite their huge impact on production and the fossil energy trade imbalance we report each month. Imported energy, the largest negative position in our sunny trade balance, in the EU amounts to € 20 billion per month. Harvesting more wind and solar energy as well as geothermal sources and energy storage require huge investments, but millions of Europeans are willing to contribute to this effort. With rising protectionism we should act now to avoid years of structural trade deficits in the coming years. There should already be more sun in the still sunny trade balance. To keep it that way more sunny trade will do the trick.
(Image from Eurostat, 2024-11-18, Euro area trade balance by product group in billions of €, original states in %, retrieved 2024-11-29)
Legal devices
In the 1st chapter of “The code of capital”, Pistor (2019, p.3) specifies the 6 major modules of the code that creates a lot of wealth, but is also eager to keep it to a few privileged persons in society. In order of appearance and not exclusively they are: “contract law, property rights, collateral law, trust, corporate, and bankruptcy law. In these modules 4 major attributes of assets are defined for the holder and later exercised courts as well as other state institutions: (1) priority, (2) durability, (3) universality, and (4) convertibility. In other words, the legal devices rank claims in a qualitative sorted order and guarantee the value of such claims over time and space. The fatal vice of the device is the convertibility of private claims in to one against the state as the ultimate insurance against a risk of credit default by other parties. Similar to bitcoins today, the financial derivatives make it possible to “create money” out of nothing, just like a “deus ex machina”. The states had and still have no control over this “artificial creation of money without being linked to a kind of reserve value.
Such intangible assets may contribute to wealth creation as tools that facilitate a faster turnover of goods and services in an economy or between countries and thereby create corresponding real value. The control of trade and currencies, however, becomes also subject of additional possibilities of fraud and crime. Here again it is the legal system that is challenged to protect the application and efficient functioning of the 6 major modules of the code of capital. The concerns of inequality in and through law are relegated to politics and policies within single states.
The final chapter 9 states rather bluntly: “capital rules by law” (p.205), but it enumerates several ways, how to curtail this code of capital. Tax sheltering in other countries or taxation by choice of country should be made more difficult. Blacklisting is efficient in most cases (p. 225). Arbitration might work if somehow an equality of power is achievable. Internalization of externalities is easier said than done, but needs to be considered right from the beginning of changing laws. Purely speculative contracts should be referred to “casinos” and betting instances and no longer be eligible for business contracts. The revision of the education of lawyers is another part of the counter measures. The autopoiesis of the legal system and its profession has been highlighted by Niklas Luhmann before. A great deal of the difficulties we face with the code of capital appears to be due to the self-referential exclusionary practice of legal devices. We have to bring society back into the discourse of law in order to preserve democratic structures and the equality of chances in society.
The strength of “collective rights” in labour law, of cooperatives or the share economy allow for potential remedies to the hijack of law through capital and exchange markets. Open source movements as in software creation are forward-looking models that the creative commons licensing for security, but also equality purposes. Employees’ input in the process of capital creation should be rewarded and codified accordingly. Last, but not least, countries will have to reclaim legal authority in parts of law that affects “the wealth of a nation” and its distribution. Similar to “no taxation without representation” we should claim “no legislation on us, without us”. The role of legal advisory firms to draft laws outside of parliament has probably gone too far already. The task of politicians to understand the consequences of what they vote for in parliament has become more and more difficult, yet there is no way around a drastic increase in competences, legal and otherwise. 
Juridification
Law has entered almost all domains of life. This has a lot of positive effects. Law in general, we tend to believe, has an intrinsic link to justice. If you go to court after failed attempts of mediation you will get a judgement(s) from several instances at times and with substantial delays. Justice, however, is a much more complex issue. Ethical concerns enter the stage as well as the ability and willingness to devote substantial resources to support a legitimate or legal claim. A kind of balance of power appears to be a necessary precondition for justice to be achieved. Of course, jurisdification is a process, where time plays to the advantage of one or the other side of contestants. The book by Katharina Pistor, “The code of capital. How the law creates wealth and inequality” has highlighted the importance of the legal intermediaries in the juridification and codification of modern societies. The basis of today’s capitalism relies on an expansive definition of what constitutes capital. The transformation of debt into a product, which can be traded by a “second hand” rather than the “invisible hand”, had created a warning to societies that the extension of rights and volumes led to a financial crash of the most powerful economies. The states, i.e. taxpayers, had to step in to guarantee credits taken out by banks and other financial institutions and ensure the solvability of underwritten debt. The state guaranteed for losses of capital and enforced the rule that deficits had to be shared among all. A well calculated bankruptcy of the system was then managed by lawyers and bankers rather than the politically elected representatives of the people.
The juridification has been extended to intellectual property rights as well. This made the fruits of intellectual property tradeable. It is rarely the authors that negotiate translation rights or the use of a novel as a screenplay. You better rely on a specialised lawyer to assist you in the national or transnational defence of intellectual property rights.
Artificial intelligence relies on huge data inputs. It is not an easy task to define ownership of data, especially of what we believe are “your own” data. Juridification means that a process of narrowing down definitions or the opposite, absence of a proper definition, creates market opportunities to trade data and the right to collect or use those data for specific or encompassing purposes.
Are we still all equal in front of the law? Or do the better informed have a significant advantage over the rest of society? Financial resources play a vital in the legal system as well. Collective solutions, like associations of consumers or trade unions, have demonstrated that they may operate as a societal antidote in the biased codification of capital. Democracies are well advised to open their eyes to the blind spots in the “regard” of justitia.
(Image: Auguste Rodin, Cariatide à la pierre, enlarged bronze statue in Paris) 
On Dosage
- Dosage is key. We all know it from everyday expériences. Certainly from drinking alcohol we know the tricks that dosage can have on us. Consumption in small doses is fine and enjoyable, but larger amounts cause all sorts of trouble. In pharmacology the effect of dosage is applied with particular virtue. Small doses even of a poison can have beneficial effects. More of rhe same might well kill you. The same rationale applies to other fields as well. Physiological training effects depend a lot on the right amount of training and the timings or intervals between training sessions. In managerial, economic or social applications the question is not only about what is the right remedy, but also how much of it. The interest rate decisions of central bankers are mostly concerned with dosage rather than « whatever it takes ». A minimum wage increase is equally about dosage and we all have additional examples.
Even in art, take painting or music, dose and pose, that is the question. It is quite surprising that such an overarching issue has received rather little attention, comparatively or only among specialists in each field.
It appears strange, but it is possible to have only a little bit of war, as opposed to comprehensive conflict. The applications of dosage are manifold.
Learning about dosage might prevent binge learning at first and binge viewing later on. In the age of tiktok and social media, dosage has become a key competence. (Image Extract of Gustave Courbet Die Welle 1870, Alte Nationalgalerie Berlin).
On Plurality
Most people are familiar with plurality under the term pluralism with respect to political parties or political systems. We have gotten used to have more than one political party tp represent the right or left in party politics. This is a challenge to people and parties as coalition formation can be a tough challenge to negotiate with a spectrum of parties rather than single representations of opinions and values. Plurality is, however, a more far reaching concept, which is applicable to many other fields of interest. Plurality of living styles are common fields of applications as well. Gender issues beyond binary gender identities qualify as yet another example for the pertinence of the concept. Nature has foreseen a wide variety of species even within subcategories of whatever classification system you apply, just think of trees. A broader variety of individuals is likely to increase the « requisite variety « of evolutionary processes as well. Plurality of modes of transport are another recent example of a widening of technological options available to reaching the same destination. A lot of progress and social progress is relying on allowing plurality to thrive before eventually narrowing down the spectrum. (Image: Sophie Taeuber-Arp, Composition with circles and rectangles, 1932, p. 256 from exhibition catalog 2024) 
On Uncertainty
Uncertainty is a catchword for all sorts of undetermined occurrences, which we might have to confront. We associate economic uncertainty with the difficulty to forecast or predict the economic evolution of key indicators like inflation, GDP, CO2-emissions, energy and raw materials’ prices and availability. Even factors like increases in greed of CEOs, psychological factors like insecurity about external or internal conflicts drive these macroeconomic indicators. Micro-level features of your own stage or evolution of the life course have an impact on and will be affected by uncertainty. Employment, housing, family, or household composition are subject to high levels of uncertainty. These micro- and macro- level factors are, of course, not limited to the domain of economic phenomena. Most recently, political uncertainty has reentered the international and national sphere with the re-election of Donald Trump as president of the United States. This election outcome of the U.S. is perceived by many as increasing the overall uncertainty due to the unpredictability of political decisions and even previous treaties with the U.S. or where the U.S. is a major partner in the agreement. These economic and political uncertainties are accompanied with a perception of growing legal uncertainty even in very personal spheres of life. Last, but not least uncertainty about climate changes like heating up of the planet and more devastating flooding and droughts contribute to increased uncertainty about future developments and the need to initiate adjustment processes and the financing of those.
The individual and societal ways to cope with increased uncertainty are one of the major economic, political, legal and social issues for the coming years. The answers are likely to be found in mutual, cooperative and risk sharing arrangements. The social in society will be a major part of dealing with increased uncertainty. 
(Image: Extrait of Paul Klee, Seiltänzer 1923)
Build Tec
Home construction has turned into the art of isolation. Saving energy is easiest in a well isolated home. Besides the roof the walls, doors and windows are next issue. Isolation inside and/or isolation outside are good points of departure. Heat pumps are the next step that needs attention. This is already a sequence of works that have to be planned well in advance. Electric current or LAN wiring or even fibre are additional features a modern home should be equipped with. Lots of different skills involved that we are unlikely to find in traditional occupations. Networks of enterprises are involved in building technologies. Startups in this area could offer better integrated services to clients to advance energy savings rather than the traditional skill sets spread over multiple trades and occupations. Learning tasks and skill needs are abundant.
