Tag: law

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Health Systems

Comparing health systems across the EU can be complex at times. However, there seems to be a consensus that the Irish health system is an oddity within the European health systems. On the one hand Ireland is a rather wealthy country in terms of GDP, but the primary care system excludes a high percentage of people from access to it. The scientific journal “The Lancet Regional Health” published a paper and comment on this rather unique exception to the rule to offer a universal health care system to its citizens. The controversy is about the coverage of costs of a visit to a general practitioner. More and probably earlier visits to a GP reduce the (over)burdening of
hospitals later during the life course. Prevention helps a great deal to lower overall costs of a health system.
The roots of the Irish health system have been built upon “subsidiarity”, which means that the public support system should only step in, if the individuals or families are unable to cover costs by themselves. Poor households had to apply for a card giving them access to medical care free of charge. Building hospitals was the next challenge and local communities managed to raise funds in support of such additional structures. In 2025 it can be very costly to enlarge the coverage to a universal access to primary care and the challenge to attract sufficient numbers of general practitioners is a very European one. In this respect Ireland is just like any other European country again.
The question of how to best achieve a universal health care system remains an important one. Apparently, you can be rather “health poor” in an otherwise “economically rich” country.

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Sovereignty of People

In France the judiciary has made an influential decision to ban a politician from the possibility to be elected after conviction of fraud. This is just what is to be expected from the 3rd power in the organization of a democratic state. It is surprising that there was a political debate about a person convicted for a crime to be eligible for public office. Several eminent scholars published columns in major newspapers to support the judicial decision. Pierre Rosanvallon focused both on the justification of the verdict and the constitutional role attributed to the judiciary to operate as a kind of memory of the “general will of the people”, the ultimate sovereign. In the struggle of power within a state the judiciary defends individual rights as well as moderates between the executive and the legislative branch. In the theory of democracy this creates a double bind situation in which the individual has a right to be defended against the state and individuals who ask for judgment of cases one against another one. Eric Halphen has also argued in favor of the often neglected role of the judiciary to stand up for the “general interest”, a notion which is not easy to define without historical references in each country and its historical trajectory of democracy. The short debate about the role of the judiciary has strengthened the defensive capacity of the French democracy. Other, even mature democracies may turn their eyes on the decision of the judges involved not to shun away from unpopular decisions. The independence of the judiciary is part of the sovereignty of the people and non-negotiable part of it.

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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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Corruption Caught

In fraud or corruption it is primordial that the probability to be caught is very high to deter potential fraudulent activity. The new Trump administration has enacted as one of the first executive orders that the FCPA stops to take on new cases of suspected corruption as well as reconsider some of the running procedures. In the same vein, the Corporate Transparency Act (CTA) has been silenced so that American companies to not have to disclose ownership information that fall under the CTA until 2025-3-21 until a major reform will be published.
These policy shifts concern more than just US citizens. The competition between countries will be effected because as companies trading with the US which used US bank accounts were also liable under this legislation and subject to prosecution. The FCPA has been an important example for other countries to follow at least within the Member countries of the OECD. The shift in priorities of the Trump administration might open doors again to corruption which we believed were shut with lasting effect.
In conjunction with the rapid increase in military spending when the capacity for the production of military equipment is slow to increase might increase the risks of corruption talking hold again. Market economies build on fair competition, but less prosecution of corruption introduces a bias into negotiations which works against innovation and competitiveness. We have a hard time to understand any kind of logic in such economic and legal strategies.
Image: Bridge collapsed due ro material defects. Archive Berlin Tempelhof Schöneberg.

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Insecurity Council

The UN Security Council has been turned into the Insecurity Council. The UN Plenary Session voted with a 2/3 majority on 2025-2-24 the draft Resolution L.10 stating: “Three years after the Russian Federation’s full-scale invasion of Ukraine, the General Assembly today adopted two resolutions reaffirming Ukraine’s sovereignty and territorial integrity …”. As part of this resolution the UN General Assembly claims “accountability for the most serious crimes under international law committed on the territory of Ukraine …”.
The UN Insecurity Council (15 Members, China, USA Russia, F, UK as permanent Members) adopted  almost in parallel with 10 votes in favor and 5 abstentions (Denmark, France, Greece, Slovenia, United Kingdom) resolution 2774 (2025) calling for a swift end to conflict. The most notable change in international politics is the changed voting behavior of the USA, which has retreated from an outspoken condemnation of Russia as aggressor and occupant of foreign territory.
The “revealing of masks” in what appears to be a neo-imperialist period of time has come. The set-up of the post  1945 UN institution of the Security Council has lost a major function to prevent armed conflicts and early reaction potential. The force to aim for and guarantee international peace lies much more in the hand of the plenary of the UN rather than the small select Security Council dominated by previous superpowers largely due to their possession of nuclear weapons of mass destruction.
The voting of a resolution by the Insecurity Council, which is in contradiction with a resolution of the UN General Assembly concerning the spirit, if not the words, is a source of insecurity itself. A reform of the UN system, which risks to become a “shopping system” of lenient organizations, where you join and leave the organization (UNESCO, WHO, WTO …) will loose impact.
For many people and countries, the only hope for a guarantee of human rights lies with the United Nations Human Rights Charter, peace keeping missions and International Courts. The UN Security Council as an Insecurity Council is likely to let down many people truly seeking a peaceful life.
(Image: The Fall of Icarus, Pablo Picasso, at HQ UNESCO, Paris)

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Korean Uprisings

With the recent Korean uprising against the imposition of martial law the world has witnessed a successful defense of democratic rule in South Korea. International politics has quickly moved on to other areas of the world where people’s struggle to obtain or sustain the freedom to vote and the freedom of expression.
However, the Korean history of uprisings goes back a least as far as the beginning of the Cold War period with the separation in 2 Koreas. The 1980 uprising of student protests in South Korea was extinguished with brutal force and mass killings. Can literature heal the wounds of uprisings? Only the best of literature can. The Korean female author and poet Han Kang (Nobel laureate 2024) has accomplished this. In the novel 소년이 온다 “Human acts” (English title), “Celui qui revient” (French), ”Menschenwerk” (German) the Gwangju Uprising 1980 is the historic backdrop against which the loss of human dignity during dictatorships is narrated. Han Kang manages to depict the empathy of family members who are confronted with the brutality of the military forces. It is tough on readers as they become the witnesses of the violence described as such and the sorrow of the whole social environment of the victims.
The Nobel Prize for literature 2024 honors the “world literature” aspect of Han Kang’s writings over many years. Many prizes have been allocated for representative writers (80+ % were men) of a country. The different titles of professional translators chosen for this novel reveal the potential to link to very different national narratives and connections to national memory of uprisings. Translating literature from different cultures can be challenging as readers frequently want the narratives somehow to relate to their own “endured” experiences. World literature, just like world history, goes beyond this and takes the reader by the hand and broadens emotional and human horizons.
(Image: Gallery Lee Bouwens, Brussels, exposed Jungjin Lee Voice #02, Voice #26 in 2025, inkjet pigment prints, Jungjin Lee)

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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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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.

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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)

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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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Study Wages

There is a remarkable study of sectoral minimum wages in California. It deals with minimum wages that have been raised set to start from a floor of $20 per hour in the fast food sector. The first indications after 6 months show that the wage increases due to the regional and sectoral minimum wage in California were about 18% per hour. The wage rises did not have a negative effect on employment so far and are not expected to happen. The first indications suggest that price rises absorbed 2/3 of the wage increases. Consumers of the fast food chains and on special event locations do not react strongly on the price increases to reduce demand. As overall the turnover achieved in the restaurants increased even franchising chains were able to increase their profits. It is an interesting example that an increase in minimum wages can create a win-win-win situation starting with a substantial pay rise. A second round effect not mentioned in the study could consist in the narrowing of the price differential between healthy food and fast food. The option of a healthy meal might no longer appear to be so much more expensive.

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EURO 2024

Before the EURO 2024, (European soccer championship) has even started, the host country Germany and the DFB- foundation for culture joined forces for a remarkable exhibition. In the “National Gallery of Contemporary Art” and next to the Berlin Hauptbahnhof a provocative video installation is mounted that uses the imagery of soccer (football) to portray the life and atmosphere associated with soccer. Injuries on the playing field, but even more so injuries caused by violent groups among the spectators create an emotionally charged representation before, during and after the match. The role of the umpire is central in the match and in the cultural project. Shattered dreams are part of the game for players as well as spectators. Visual impressions have contributed enormously to spectacular success of football on television. The masses of viewers has created a big business of television rights and merchandising products as well. The DFB Kulturstiftung undertakes great efforts to open up the discussion about soccer in a critical way through art projects. The entry into the installation resembles the entry of players through a tunnel into the huge stadium. The world of soccer has multiple links to physical and psychic violence. The installation “Winner” signed by Marianna Simnett challenges the media’s largely beautiful videos about the world of football. In the ocean of enthusiasm this exhibition is just a tiny grain of salt, adding spice to life.

Winner by Marianna Simnett 2024 Berlin
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Law Nature

There exists a rather complicated relationship between law and nature. It is part of constitutional law to check whether nature figures at all in a state’s constitution as part of the fundamental legal principles. On a global scale the nations or people living in the closest relationship with nature most often do not have written constitutions. In the same vein, animals or biodiversity do not figure in most constitutional documents (nice project to substantiate this claim). The philosophy of law has line of literature devoted to “Naturrecht” which is more concerned with human beings and their differentiation than the millions of other species.
Administrative law is probably the domain with most of the legal judgements with relevance to nature or the environment as for example any larger scale construction is either land, water, air or biodiversity grabbing. Rights and limits need to be defined precisely. In this field the role of law as “appeasement” is widely applied. However, this is more complicated in cases when a whole population of an island in the ocean is threatened to disappear due to the rise of the sea level like in the case of the Torres Strait Islands, next to and part of Australia.
The UN Human Rights Committee (UN-HRCee) in Geneva has made a decision on the claim of these people to have rights that the nature of the islands as low-lying islands is threatened by disrespect of their fundamental rights of existence and survival. The claim has been received by the court, but the court deems that the threat to their culture and survival is not imminent. In practice, therefore, the sword of law is rather weak and time until the disaster is used as a right to continue the usual economic exploitation of earth as before despite the deferred consequences for the planet in a rather unequal way.
(Image by AI copilot designer 2024-6-2 “5 judges in red gowns sit in a flooded courtroom”, 2 propsitions)

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Portable Grundgesetz

Celebrating democracy in Germany is rare. We take it for granted that democracy persists, as most of us have not experienced it otherwise in Germany. This is grossly mistaken as the opinion polls show repeatedly in recent years. Therefore, it is welcome to find the “Portable Grundgesetz” at the “Demokratiefest” in Berlin and Bonn at the event to celebrate 75 years of democracy in West Germany and 35 years in East Germany.
The century-old tradition to produce miniature books has been revived and the miniature books have been widely distributed at the event. A side effect consists in the eco-friendliness of this version, which saves a lot of paper. It is fun also fun to turn pages rapidly and discover some paragraphs which we would not have read otherwise. “Daumenkino” is the German word for versions that contain many images. Maybe next time, an illustrated and/or animated version of the Grundgesetz could encourage youth to celebrate using the texts, §s and images to discover the fundamentals of our constitution.
325 years ago, Weigel the Elder has illustrated, edited and published such a tiny edition of the Bible. It is currently exposed in the treasure museum at the “Kulturwerk” in the “Stabi Ost” in Berlin. “Back to the Future”, lots of ideas we get by taking archives seriously. By chance inspiration is undervalued. Search algorithms have a hard time to replace this in an effective way so far.

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Democracy celebrates

With all the bad experiences of Nazi-Germany and the failure to defend democracy in Germany against its fascist enemies in the 1930s, it was a pleasure to celebrate democracy in Germany together with a huge crowd. 3 days of information and party around the major institutions of democracy Parliament, government, federal governments, constitutional court and all ministries joining in with pavilions in the parks nearby allowed a bottom up feeling of democracy. Visiting the chancellery as well as the parliament in a single day shows the openness of these institutions and the ease of access to our political system. People of all ages and all walks of life strolled around and enjoyed the day. Freedom to voice your opinion was easy and many took their time to do it. Civil society organizations were a natural part of the show. We seem prepared to stand up for our democratic values and principles. This will be tested in all the forthcoming elections.

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AI and dialect

The training of Large Language Models (LLM) uses large data sets to learn about conventions of which words are combined with each other and which ones are less frequently employed in conjunction. Therefore, it does not really come as a surprise that training which uses standardised languages of American English might not be as valid for applications that receive input from minority languages or dialects. The study forthcoming in the field of Computer science and Language by Hofmann et al. (Link) provides evidence of the systematic bias against African American dialects in these models. Dialect prejudice remains a major concern in AI, just like in the day-to-day experiences of many people speaking a dialect. The study highlights that dialect speakers are more likely to be assigned less prestigious jobs if AI is used to sort applicants. Similarly, criminal sentences will harsher for speakers of African American. Even the more frequent attribution of death sentences for dialect speakers was evidenced.
If we translate this evidence to wide-spread applications of AI in the workplace, we realise that there are severe issues to resolve. The European Trade Union Congress (ETUC) has flagged the issue for some time (Link) and made recommendations of how to address these shortcomings. Human control and co-determination by employees are crucial in these applications to the world of work and employment. The need to justify decision-making concerning hiring and firing limit discrimination in the work place. This needs to be preserved in the 21st century collaborating with AI. The language barriers like dialects or multiple official languages in a country ask for a reconsideration of AI to avoid discrimination. Legal systems have to clarify the responsibilities of AI applications before too much harm has been caused.
There are huge potentials of AI as well in the preservation of dialects or interacting in a dialect. The cultural diversity may be preserved more easily, but discriminatory practices have to be eliminated from the basis of these models otherwise they become a severe legal risk for people, companies or public services who apply these large language models without careful scrutiny.
(Image AI BING Designer: 3 robots are in an office. 2 wear suits. 1 wears folklore dress. All speak to each other in a meeting. Cartoon-like style in futuristic setting)

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AI Collusion

In most applications of AI there is one system of AI, for example a specialized service, that performs in isolation from other services. More powerful systems, however, allow for the combination of AI services. This may be useful in case of integrating services focusing on specialized sensors to gain a more complete impression of the performance of a system. As soon as two and more AI systems become integrated the risk of unwanted or illegal collusion may occur.
Collusion is defined in the realm of economic theory as the secret, undocumented, often illegal, restriction of competition originating from at least two otherwise rival competitors. In the realm of AI collusion has been defined by Motwani et al. (2024) as “teams of communicating generative AI agents solve joint tasks”. The cooperation of agents as well as the sharing of of previously exclusive information increase the risks of violation of rights of privacy or security. The AI related risks consist also in the dilution of responsibility. It becomes more difficult to identify the origin of fraudulent use of data like personal information or contacts. Just imagine using Alexa and Siri talking to each other to develop another integrated service as a simplified example.
The use of steganography techniques, i.e. the secret embedding of code into an AI system or image distribution, can protect authorship as well as open doors for fraudulent applications. The collusion of AI systems will blur legal borders and create multiple new issues to resolve in the construction and implementation of AI agents. New issues of trust in technologies will arise if no common standards and regulations will be defined. We seem to be just at the entry of the new brave world or 1984 in 2024.
(Image: KI MS-Copilot: Three smartphones in form of different robots stand upright on a desk in a circle. Each displays text on a computer image.)

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Timeless Values

The declaration of human rights is more than 200 years old. However, the need to stand up for the defense of these rights needs many people to act accordingly. Political parties and courts are not strong enough to be the only defendants of democracy and human values. Solidarity across generations is another part of the struggle to defend democracy. In addition to the broad movement of “Omas gegen rechts”, the age distribution has been further enlarged with the “Uromas gegen rechts”. This most likely the generation with first hand life experiences from Nazi Germany and they should have reached an enlightened view of the horrors caused by the Nazi-regime. Unfortunately there are still some who continue to be prisoners in a fascist “brown” cage of mischievous memories. The great grandmother who was present at the demonstration was clear in her statement to stand up against right-wing extremism. (Image: With the permission of the lady I am happy to have evidence of the presence of super-agers at the demonstration in Berlin).

Berlin 2024-2-3. Demonstration
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Zwang durch Terror

Durch den Terror der Willkürherrschaft mit rassistischer Doktrin wurde aus Zwangsarbeit eine lebensgefährliche Arbeit. Überzogene Sanktionen bei Diebstahl, Plünderung oder Sabotage wurden von den Nazis mit öffentlichen Hinrichtungen (Erhängen, Gruppenerschießung oder Guillotine) geahndet (siehe Katalog zur Ausstellung Alltag Zwangsarbeit S.44-45). Straflager und Verlegung in Konzentrationslager gehörten ebenfalls zur regelmäßigen Erfahrung.
Die Zwangslage der dort zur Arbeit gezwungenen Menschen ist kaum vorstellbar und fassbar in unserem System der Beschreibung von Arbeit. Totale Subordination kann vielleicht in Ansätzen verdeutlichen wie diese Situation auf die Personen gewirkt haben muss. Fluchtversuche waren fast ausgeschlossen. Selbst die Verbindung zu den meist deutschen Frauen in Fabriken war unter hohe Strafe gestellt und intime Verhältnisse (bezeichnet als Rassenschändung) wurden für beide Seiten lebensbedrohlich oder endeten für die Zwangsarbeiter oft tödlich. Der Terror in dieser Zeit bestand in der kontinuierlichen Gefahr und Angst tatsächlich oder vermeintlich eine Anklage zu erhalten, die unkontrollierbare, weil selbstherrliche, Strafen nach sich ziehen konnte.
Image: Ausstellung Alltag Zwangsarbeit 2024-1 in Dokumentationszentrum NS-Zwangsarbeit, Berlin Schöneweide. 

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100 x 100

It is the horrible tragedy that Hamas terrorists after more than 100 days hold still more than 100 hostages. We shall never forget. Just like the terrorists taking hostages 51 years ago during the Munich Olympic games 1972. I believe it is about time to remember Winston Churchill’s famous words with a few changes, if I maybe allowed: “We shall never surrender. We shall fight terrorists on land and on sea. We shall fight them in the air and underground, in space if we need to.” This is part of not forgetting terror and staying alert to looming risks. For some the painful memories last their whole life long. Others, far too many, just forget, or worse, deny the facts.

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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.

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Winning Peace

Most analysts of international conflicts deal with winning or losing a war. At best they deal with short-term versus long-term versions of winning and losing. However, the question of how to win or achieve a lasting peace is rarely researched. Research on the 2nd World War reveal as soon as the turning point of the war was achieved the preparation of what will come after defeat. Organising humanitarian relief is part of warfare. The U.S. has set a good example of how to organise humanitarian aid as well as ensuring a lasting peace in Europe after the 2nd World War. Lots of books have been written on the Marshall Plan to get the economies in Europe (Western Europe) back to producing. Much less attention has been devoted to the important element of “de-nazification” of whole societies.
To win peace after the monstruous crimes of the Nazi-regime and the millions of followers and ruthless fighters was a challenge without precedents. The U.S. gave a good example of how to handle the process of winning peace in the regions under its military authority. In the following I shall refer to work published by Christa Horn (1992) “Die Internierungs- und Arbeitslager in Bayern 1945-1952”. The Allies had agreed upon to pursue war criminals. In April 1944 the Supreme Headquarters Allied Expeditionary Forces published the “Handbook for Military Government in Germany”. It was deemed important to detain “certain government and party officials and members of police and para-military formations” (p.17).
Common to demilitarisation efforts after a war, it is the primordial function to reduce the risks of a renewed uptake of guerilla-like attacks due to the amount of arms still widely available or hidden on the enemy’s territory. The document specified further that the continued presence of Nazis in government and other exposed positions “might be a threat to the security of the Allied Forces or an impediment  to the attainment of the objectives of Military Government in Germany” (Arrest Categories Handbook, P.2). Denazification was a means to an end. The size of the task was, however, underestimated at several instances. For example, the organisation of the arrest and detention of more than 100.000 persons was a difficult task. After the end of fighting the transition to peace is not instantaneous. Hierarchical military and party structures had to be dismantled. The so-called “automatic arrest” issued on 13.4.1945 included all grades from the NSDAP down to the “Kreisleiter” or even “Ortgruppenleiter” as well as SS members and their “Helferinnen” (Horn, 1992 p.21). These arrests without judicial procedures came under critic as not-American in the U.S., but it took until 10.10.1948 to abandon this procedure. The literature on the issue refers more to the lack of adequate judicial procedures to handle such so many legal procedures with qualified persons as well as the difficulty to organise detention camps for more than a hundred thousand persons that should deserve to be prosecuted. Handing over to the national or regional judicial instances was, therefore, an important step. The risk to abandon the process of “denazification” was evident, but it was equally important to counter the expansion of the Russian-domination in Eastern Europe with the help of a strengthened Western Europe. Winning peace is a delicate balance of prosecution through the winners of the war and the subsequent prosecution of criminal actions through the indigenous population and its new institutional and judicial setup.
Social Sciences have a lot of solid insights to offer to win peace. With careful consideration they are helpful to learn from even for current international affairs and raging wars. Demilitarisation is only a small part of winning peace. Changing mind sets to internalise humanitarian values remains the biggest challenge and involves more than one generation.

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Arms trade

The sustainability of war depends a lot on the availability of arms. The Stockholm International Peace Research Institute (SIPRI) publishes regularly updated data on arms trade. The report ranks countries who are the most important exporters as well as importers of arms (from 2018-2022). The lists show for exporters that the U.S has been at the top of exporters with 40% of the global export share followed by Russia with 16%. France 11%, China 5.2, Germany 4.2 come next on the list. Taken together Italy, Spain and the U.K. reach another 10% jointly of global exports. South Korea and Israel come in with shares of 2.4 and 2.3 respectively. The top ten serve allies but also more broadly the world arms trade and race. New dynamics have started to come into force. The Russian aggression and war on Ukraine territory will have an impact to the extent that Russia is probably exporting less and shift to a more importing state.
Among the importing countries India is leading the ranking followed by Saudi Arabia and Qatar. More generally Asia and the Middle East were the most important buying countries. Importing arms might be interpreted as an indicator of perceived threat to a country. Long cycles of arms renewal may also drive statistics of arms trade, but new threats like cybersecurity and space technology have created new fields of potential attack and defence.
All in all, yet another rationale attributed to Clausewitz seems to play a role in driving the arms trade. “If you are perceived to be weak, an enemy will use this to attack”. Well, this also means that buying arms, producing or importing them, could deter a military aggression. That form of deterrence of aggression is known from the nuclear arms race as well. In the realm of conventional weapons, we have thought, it would no longer apply. We were mistaken in this respect. The dividend of peace has come to an end for many countries. The SIPRI report (2003, summary p.9) shows the continued rise on the global level of the arms trade. Why are we so scared of each other? Russia has reverted to imperial politics using conventional weapons. Containing such disrespect of internal law needs our full attention to avoid a spreading to other areas. The link of diplomacy and trade needs close scrutiny.

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Strafbar

Wir alle wissen, dass in Deutschland die Verwendung von Symbolen der Nationalsozialisten zum Beispiel in Fotos strafrechtlich verfolgt werden kann. Das trifft auch auf vermeintlich nur private Verwendung zu. Dazu hat das Bundesverfassungsgericht eine hilfreiche Erläuterung und Auflistung erstellt (Link dazu hier).

Das Oberverwaltungsgericht von Rheinland-Pfalz hat bereits klargestellt, dass eine Unterstützung der Reichsbürger für Beamte zum Verlust des Ruhegehalts führt. (Pressemitteilung OVG RF) Die Demokratie hat sich Mittel für ihre aktive Verteidigung geschaffen. Diese rechtsstaatlichen Mittel müssen wir noch entschiedener einsetzen.

Hilfreich kann das Weiterlesen auf der Konrad Adenauer Stiftung dazu sein. Dort wird in allgemeinverständlicher Art beschrieben, dass die zur Schau Stellung von Teilen der Uniform und Symbolen seit Gründung der Bundesrepublik verboten ist.

Meist steht hinter der Verwendung dieser Symbole keine Dummheit, sondern eine bewusste Aggression oder gar Boshaftigkeit gegenüber anderen Menschen. Menschenverachtung der Nationalsozialisten lässt sich nicht entschuldigen, damals nicht und heute nicht. Image: Edgar Degas d’après Rembrandt 2023 BnF.

Edgar Degas d’après Rembrandt 2023 BnF.
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Geo-politics

In the middle of October 2023 we witness the unexpected and unwanted rise of the geo-political importance of the European Union. First, after the aggression of Russia to realise a huge land grab on Ukrainian territory, the European Union managed to define its new geo-political role in supporting the Ukrainian struggle of independence and freedom versus Russian oppression. This means continuous support of several forms: humanitarian, supporting infrastructure like energy and food supplies as well as military equipment for defensive purposes. Achieving our own strategic autonomy means decoupling from energy supply from Russia despite huge investments to build interdependence particularly by Germany or Finland. Additionally, strategic autonomy means relying on international partners that share our values and quest for sovereignty. Supply chains for production systems have to be re-organised to ensure independence even in military conflicts.
A new role has become evident also in the attack from Hamas on the state of Israel. Historic links and responsibilities to the creation of the state of Israel have led the European Union to make its voice heard in the Middle East to limit escalating confrontations.
These changes in the geo-political role of the European Union have far-reaching implications internally as well as in its external relations. Some have been spelt out by Luuk van Middelaar (2022, adviser to Herman van Rompuy) in his lectures “Le réveil géopolitique de l’Europe”. In the introduction he makes clear what are the 3 major elements of the geo-political wake-up for Europe: (1) power, (2) territory and (3) narrative. Europe has shunned away from its geo-political role as a powerful player. (1) Believing more in a peaceful role, a moderator, deviating from its colonial past, upholding the primary role of international law and justice, the European Union has been forced by external powers disrespecting these premises to enter into various international border conflicts as a power in its own right. (2) Questions of territory matter most, if they are challenged by powerful neighbours who are not inclined to respect international law. Even uncontrolled migration is part of this disrespect of territorial integrity. (3) Speaking in the name of a whole community of countries who share the same values, gives a convincing force to be able to overcome national particularities and predilections.
However, the European Union’s new geo-political role has to be carefully communicated not only to the outside world (it is in no way thought to be offensive), but also internally. For example, the budgetary implications of the geo-political role need to be communicated to the electorate and public opinion(s) in Europe. Do not forget to carefully prepare the whole population on this new role.
Donald Tusk held steady to counter claims from the PIS-leaders in Poland to reduce the geo-political role of the European Union. Many countries and people sharing our values are eager to see the European Union to accept this new geo-political role to defend human rights, internal law and justice. (Background reading: Middelaar, L. v. 2022. Le réveil géopolitique de l’Europe. Paris : Collège de France. doi :10.4000/books.cdf.12770 ). Image: Extrait  LeMonde diplomatique 2019-11) for discussion.

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Human Rights

At times of war it is even more important to highlight the importance of respect of human rights. Russia continues to bombard civilians and destroys infrastructure that heats and feeds millions of people. Hamas in the Middle-East has killed more than a thousand civilians in Israel. Pushing violence beyond limits without respect of basic human rights is a very dangerous path for all human beings. Structures within each society need to take care of respect of these limits. The rule of law is fragile in authoritarian states or outright discarded. This makes human rights violations especially in wars or warlike conflict even more likely. The Human Rights Film Festival Berlin attempts to raise awareness to the facts of human rights violation wherever they occur across the globe. Following the link you have a chance to view some of the films online. The online flipbook allows to turn the pages of the magazine, which accompanies the film festival and provides a lot of additional information on the various categories. The section on the deep fakes is demonstrating how the use of fake news and fake images have an influence on us. The intensity of such fake news usually rises when elections approach in democracies. European elections will be seriously endangered through this kind of interference by Russian computerized disinformation networks and China is catching up on such misuse and systematic blocking of free information to its citizens. We shall have to be even more attentive to details in information and misinformation campaigns. Trusted websites and information channels of mass media have to step up their cybersecurity defences. Even small sites like this one have a responsibility to guard against abuses. In opening up the comments on the blog entries only for some time had the consequences of deleting “hundreds” of spam entries and undercover advertisements offering links to malicious sites. Filtering such spam is a professional task and has relatively high costs involved. A potential threat to the freedom of opinion and freedom of speech. Support for film makers and documentalists is important to strengthen the support of human rights.(Image: Human Rights Festival Magizine p.18 by Jenny Brunner, HateAid)

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Bauer

Ein Bauer im Schachspiel kann spielentscheidend sein. Ist der Bauer erst einmal jenseits der gegnerischen Angriffs- und Verteidigungslinien am Ende des Schachbretts angekommen, kann er in die Figur seiner Wahl eingetauscht werden. Wir sollten den Bauer also nicht in seiner Bedeutung unterschätzen. Das trifft auch auf Fritz Bauer zu. Der hessische Generalstaatsanwalt Fritz Bauer, Mitbegründer der Zeitschrift Kritische Justiz, hat die deutsche Justiz in besonderem Maße herausgefordert. Durch seine Anklagen hat er viele der aus der NS-Zeit belasteten Richter angeklagt und entschieden an der Verfolgung und Verurteilung von Adolf Eichmann mitgewirkt.
Dieter Schenk hat in seiner Dokumentation und einem fiktiven Interview eines Journalisten mit Fritz Bauer die Persönlichkeit anhand seiner Schriften und Interviews lebendig als Theaterstück inszeniert. Bereits 2x in Polen aufgeführt, hat die Deutsch-Polnische Gesellschaft Berlin e.V. zu ihrem 50. Jubiläum zusammen mit dem Bund ehrenamtlicher Richterinnen und Richter, Landesverband Brandenburg und Berlin dieses Werk im Oberverwaltungsgericht Berlin Brandenburg zur Aufführung gebracht. Frank-Walter Steinmeier hat die Arbeit von Fritz Bauer mit folgenden Worten gewürdigt: … vielmehr ging es Fritz Bauer darum, die Deutschen zu immunisieren, sie vor einem erneuten Rückfall in die Barbarei zu schützen.“ Das ist heute noch genauso wichtig wie in der Vergangenheit. Der historische Gerichtssaal des OVG BB in der Hardenbergstraße in Berlin bot dafür eine eindrucksvolle Kulisse. So voll war der Saal noch selten, betonte der Hausherr.  Den Besuchenden viel sicherlich auch die Gedenktafel mit den Namen der von den Nazis entlassenen Richter auf dem Weg zum Plenarsaal im Treppenhaus auf.
Eine stille Anklage richtete sich in dieser Veranstaltung eben auch in Richtung Polen, die Rechtsstaatlichkeit und unabhängige Richterinnen und Richter zu gewährleisten. Deutschland hat sich historisch viel Schuld aufgeladen, umso mehr Verantwortung haben wir jetzt, uns für diese wichtigen Grundrechtsprinzipien einzusetzen. Der Verein „Gegen Vergessen, Für Demokratie e.V.“ soll als Ko-Organisator unbedingt mitgenannt werden. Hans-Josef Schöneberger und Uwe Neumann als Schauspieler und Ian Melrose mit seinen Intermezzi auf der Gitarre haben eine tief beeindruckende Atmosphäre geschaffen. Es wurde klar, dass Recht, selbst Verwaltungsrecht viel mit Streitigkeiten verbunden ist. Die Befriedungsfunktion des Rechts wirkt oft erst über Generationen hinweg.
Ich wäre gespannt zu wissen, in welche Schachfigur sich Fritz Bauer am anderen Ende des Schachbretts hätte eintauschen lassen. Mein Tipp, vielleicht als Turm wichtige horizontale und vertikale Linien besetzen oder doch ein Springer, der nicht einfach zu berechnende Sprünge leisten kann. Von einigen seiner Verehrenden wird er auch als König gehandelt, der allerdings, wegen seiner Verwundbarkeit, oft anscheinend ohnmächtig im Zusammenspiel mit den anderen starken Figuren agierte.

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Work Subordination

One of the defining principles besides the job description, working time, working place, remuneration of a work contract is the subordination to a superior. The employment contract entails some more or less strictly executed form of direction, but a right of direction nevertheless. This element of subordination has become a major issue in the definition of whether you are effectively an employee or a self-employed person. The digital revolution had enlarged the kinds of subordination. Platforms and algorithms, that distribute work among several employees (but named platform workers) disguised the subordination to a superior level of management to the platform and its seemingly anonymous algorithm. Many young riders were saying, I don’t like bosses, but I am willing to accept a “technical” platform that distributes work tasks only seemingly in a non-discriminatory way. Due to a failure of labour legislation to regulate early enough a thriving model of fake self-employment developed throughout Europe and beyond. Labour Courts have contributed a lot to correct the disguised subordination. Even Uber is advertising that they only operate as a broker of tasks, but have no subordinated employees. The related issue of subordination remains largely the same. Subordination to an algorithm of the distribution of tasks is the end result.
Many start-up enterprises use Kanban boards to facilitate project and team management. Shifting tasks between employees, introducing new tasks and self-selection of tasks are potentially subordination-free allocation of tasks (example software). Flat hierarchies seem more manageable through the use of such tools. The number of tools that integrate other office functions is impressive. When testing such tools, that become more popular also in the distribution of household tasks, beware of the data-hungry nature of such tools. For example, https://trello.com/ warns correctly in the small print that for its full functionality it would need to have permission to use “your” camera, microphone, contacts, photo library, calendar etc.
This demonstrates that subordination, nowadays, is complemented by the algorithmic use of a lot of privacy, we would never have agreed to a boss in person should even ask for. The new and old subordinators have powerful tools at hand, the subordinated will have to get their act together and limit the amount of subordination they are willing to accept.
Again, this is a generational topic. The low threshold to accept technical subordination in younger generations, your autonomous level-5 car is breaking earlier than you even perceive a risk, is confronted with the higher threshold to accept personal subordination for youth. Interestingly, for older generations the obverse is true. All in all, we have ample reason to rethink and re-define also in legal terms the manifold, disguised and new forms of subordination related to work.

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Checks and balances

The principle of checks and balances refers back to the separation of powers introduced by the French political theorist Montesquieu in his writings “De l’esprit des loix” in 1748. 40 years later in 1788 James Madison wrote as §51 in “The Federalists Papers” explicitly about the system of checks and balances as part of the constitution of the USA. For maintaining the principle of separation of powers it is necessary to install a system of checks and balances between the powers to prevent one power dominating the others. These well-known principles of democracy face, nevertheless, continuous challenges as to the balance of the powers (legislative, executive, judiciary). In order to safeguard democracy a basic scepticism towards the exercise of power is warranted. “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” (Federalist Papers, 1788, p. 239).
The necessity of auxiliary precautions has led modern democracies to a multiplicity additional checks and balances. Independent Anti-fraud offices, disciplinary committees within the separate powers as well as the checks and balances between the separate powers play a role in the survival of democracy. Recently, in July 2023 services like the internal service of the police to overlook the adequate execution of the force applied by police have been much in the headlines. Checks and balances apply to each branch of separate powers internally, and if they prove inadequate, they have to be corrected by other powers. This is the procedural as well as fundamental interaction within the separation of power. Presidential systems, where this system of checks and balances has major deficiencies, are very likely to fail its people through an overpowering executive. Neither the country of Montesquieu, nor of the Federalists is free of these dangers. Freedom of speech, freedom of movement and to meet with people, all contribute to strengthen checks and balances in a democracy. “A dependence on the people is, no doubt, the primary control of the government” (p.239).

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Law’s Violence

In legal studies the use of social thoughts are marginal, although AI has the potential to replace millions of lawyers just guiding through the jungle of laws and jurisprudence especially if several languages are involved (fiscal rules). Only with the eruption of major crises like police violence we start referring back to social and political thought and theories that enlighten the relationship of law, legislation and the social spheres. There is a huge, mainly American, literature on “law’s violence” even beyond the issue of capital punishment, the most obvious form of law’s violence (Sarat and Kearns, 1995). Basic elements of the relationship of law and violence follow from the notion of enforceability of law. Force is a constituent part of law, whether we like it or not, much like Derrida stated decades ago. Walter Benjamin and Albert Camus, both have contributed substantially towards our realisation that law is intrinsically linked to violence.
Linked to political theories, we have the conservative and liberal doctrines that see legitimate violence of the state as part of the normal organisation of statehood. The humanist tradition stresses the function of law as community-building as well as creating meaning, joint objectives and shared vision through law. In daily politics governments refer to one or the other doctrines as they see fit.
Sarat and Kearns (1995, p.8) also point to the tendency in legal studies to refer to singular cases and singular judgements, “discrete acts of its agents” and institutions rather than the overall picture of the violence of law. With respect to violence of the police the authors refer back to Jerome Skolnick, “Justice without trial”(1967), which in 2023 we link to the police violence in France. Police men provoking violence, execute their personal vision of justice and without a chance for a trial of their victim. The 60s are back on streets in Paris. The violence of law is visible for millions as the ratcheting up of power in favour of police to apply more violence in prosecuting “delinquents”. This had recently been voted by the French parliament with a conservative and liberal majority (LeMonde 2023-7-2 p.). The notion “Gewaltspirale”, a spiralling-up of violence, seems to be a fair description of what we currently witness in France.
Violence is embedded in words, uses of language and not only acts. Even in the field of representation and representative democracy, violence is present. Who represents or decides about life and pain for a fatally ill person? Why are persons of 14, 15, 16, 17 years of age not represented in parliaments, if others are deciding on their compulsory education, prison sentences and poverty relief.
At times it is necessary to take a step back and refresh our memories of the “pain-imposing, death-dealing acts” (Sarat and Kearns, 1995, p.10) of law. The abundant presence of violence of law in religious narratives is, however, another element worth analysing as part of the history of ideas at another time.  (Image: Extrait de Frans Snijders, La chienne et ses petits 17th century)