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).
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) 
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)
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.
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.
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) 
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.
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.
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) 