Tag: justice

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Law and Legality

Some persons consider themselves to stand above the law or push all interpretations of regulations beyond usual understanding of it. Even after a person has been dealing with pharmaceuticals or drugs used also for doping purposes, the conviction of such a person may take several years if not decades. In France, Mr Bernard Sainz seems to be a good example of such a relentless case of practicing para-medical consultations to assist mainly cyclists in endeavors to win championships or professional status. Le Monde  and Cash investigation have raised awareness of the public for such dubious practices. The “French Federation du cyclisme” and medical doctors association fight a continued legal battle against this persons exercising illegally such doping assistance. 

With apparently 56 legal procedures in connection with this person, the legal system has to bear the majority of costs of such illegal practices.

The reach of such dubious practices might be extended if the systems beyond doping, but for assisted euthanasia cannot be controlled effectively. Hence, the precursor cases of positive stimuli like doping pose similar challenges to the legal system as “negative stimuli” weakening persons as assistance to die. The end of a life course is not only a medical issue. Society-wide debates need to take place in order to organize a large consensus on the implications more liberal practices shall entail. 

(Image: Palais de Justice, Paris 2025)

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Victims and Perpetrators

In addition to the annually proclaimed “We shall never forget the concentration camps and the murder of 6.000.000 Jews”, we should add: “We shall not be silent”. Silence about a crime can be interpreted as the “latent” continuation of hatred. Silence might just be a pretended ignorance of the genocide and the holocaust. We have to keep very alert amidst the spreading falsification and numerous falsification attempts of historical facts surrounding the ideation about the Nazi-time and Nazi-terror from the 1930s onwards culminating in the Shoa and systematic mass killings of civilians and any actual and deemed opposition.
Particularly in Germany there is a renewed need to go beyond the “Stolperstein-Initiative” and continue also sometimes own personal research of family histories in order to understand the logic and power of perpetrators. Some spectacular legal cases like “Klaus Barbie” or “Rudolf Eichmann” or the Nuremberg trials became historic events, but the crimes of many Nazis during these times remained below the radar of wider public attention.
In view of many disrespectful utterances of some politicians and even some business men the old and new perpetrators of antisemitic propaganda and acts should have to face more fierce opposition. This needs the commitment of the silent and sometimes shamefully indifferent people across the world. (Image: list of concentration camps, sign in Berlin Schöneberg, Richard von Weizäcker Platz).

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Holocaust Remembrance

The 80th anniversary of the liberation of the concentration camp Auschwitz-Birkenau marks a very special kind of remembrance. As the number of survivors of Nazi-terror and genocide is shrinking the testimony of survivors is becoming more rare and more precious. According to the “Jerusalem Post” on 2025-1-28 (p. 9) the number of survivors that came back to the site of horrific crime has shrunk from 300 ten years ago to 50 in 2025. The strength and courage to continue to testify amidst having reached 90+ or even 100+ years of age is a “living memorial” of its own kind.
Many television stations across Europe have followed the example set by this special Holocaust remembrance day and focused equally on recorded testimonies or additional live interviews of survivors. Please keep repeating these testimonies to confront people with the outcome of Nazi-terror in Europe. The choice this year was a courageous one. Instead of speeches of sorrow and lip service to fight antisemitism by acting politicians, the focus on the testimony of survivors in public, on TV and to large audiences will encourage others to continue to give testimonial of these horrors.
(Image: extract of Pressreader newspaper titles 2025-1-27)

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Sociolegal Circularity

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).

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Justice Tech

The digital or hybrid courtroom has become more the rule than the exception in Germany. Video conference equipment reduces costs and can speed judicial processes. Even the production of transcripts from the proceedings and circulation of documents and certificates, enhanced by AI will change the speed to exercise justice. Digital tools and technology has found its way into the courtroom and younger lawyers and judges as well as the accused or defendants will value the simplified procedures. Until this is the standard in all legal domains we shall have to wait a bit. In Germany 2026 is the deadline to install the adequate equipment and tech companies and consulting firms like Arktis are well prepared to support this overdue process. In terms of an economic theory of the judicial process a judgement that is delivered years later has to apply a discount rate of at least equal to annual inflation. For moral issues another discount rte might apply. Excessive delays of judgments may cause additional suffering on the side of victims. Justice Tech, therefore, has a role to play in the practical and theoretical debate about „doing justice“. (Image SCCON Berlin 2024-10)

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Olympic Democracy

It is interesting to follow how the Olympic Games follow a moderate version of how to run a democracy. Paris 2024 takes pride in making this a little bit more visible. It is the people in democracies who decide whether to host Olympic games in their country and the many executive branches of governments have to coordinate their actions, budgets and planning accordingly. The National Assembly in Paris 2024 is showing its commitment to the Games in front of the building as well. Beyond the ancient discipline of archery, new disciplines like surfing is turned into a piece of art like a statue honoring the athletes. The IOC follows the division of powers with an assembly of states, an executive and the judiciary. In each discipline it is evident that without a well established and accepted independent judges the Games would become a farce and would no longer attract such huge crowds. It is a steep challenge to ensure that doping and other illegal activities do not destroy the peaceful spirit of the Olympic Games. Science has a role to play in advancing and controlling the athletes and their teams acting under cover. All in all, we find democracy in a nutshell including the necessary trust in institutions to ensure a fair running of the Games in Paris 2024.

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On Justice

Justice is a topic a bit like democracy. Most people deem it possible to simply state something is just or unjust, democratic or undemocratic, black or white. Rather than such a binary perspective it is often more helpful to take the pains to differentiate the many facets of each term and the complexity to categorize or to subsume a case under one or the other label.
Additionally, there is an evolutionary perspective on these topics. Individual cases evolve in form of trajectories. The binary view of justice or no justice might become more clear or more blurred. The exhibition of the “Topography of Terror” in Berlin offers a well established and documented view of the NS-terror during the years 1933-1945. The examples of horrific injustices throughout the exhibition are abundant. To perform justice is a much more difficult exercise and encounters lots of impediments.
In January 2024 Christl Wickert presented her extensive research in archives which she published in the Metropol Verlag 2022 under the title “Keine Gerechtigkeit. Die ungleiche Unterstützung des KZ-Überlebenden Fritz Bringmann und des SS-Mannes Walter Filsinger nach 1945”. (engl. title and image below). Christl Wickert follows the life courses of the young Fritz Bringmann, prisoner in KZ Sachsenhausen and Neuengamme as of 17 years of age, and the life course of the SS member as of 17 years of age and SS soldier Walter Filsinger. Their life courses crossed at the concentration camp Neuengamme near Hamburg and perhaps later again in Hamburg Bergedorf. Whereas Fritz Bringmann had to struggle to get compensation for his injuries during imprisonment, Walter Filsinger managed through multiple manipulations of documents and dubious support from administrators as well as medical doctors to obtain war victim benefits.
From life course research we know that early disadvantages are hard to compensate throughout the following decades. This juxtaposition of 2 cases localised in the neighbourhood of Hamburg demonstrates this with full force. Injustice at the early stage of the life course is not compensated but rather magnified through the handling of each case through the proceedings of “administrative justice” in the institution building in the first few decades of the Federal Republic of Germany. The “thick description” as a scientific method is a lesson in unfolding as well as later on unravelling injustice.