Das letzte Schweigen (The Silence, 2010). A crime thriller where a girl’s disappearance echoes a decades-old unsolved murder. The film follows detectives as they meticulously gather evidence, revisit past testimonies, and reconstruct the sequence of events. The narrative is structured around the gradual revelation of facts, mirroring the German logic of resolving conflict through objective investigation and analysis.
Rauch. Feuer.
Wo Rauch ist, ist auch Feuer. Translation: Where there’s smoke, there’s fire. Meaning: If there are signs of a problem, there must be a cause. This phrase reflects the German tendency to look for underlying reasons and not dismiss evidence or symptoms.
Namibia
Der vermessene Mensch (Measures of Men, 2023). This recent film confronts Germany’s colonial past and the genocide of the Herero and Nama in Namibia. It reconstructs historical events through the lens of a German ethnologist, using documentary evidence and personal testimony to explore the causes and consequences of colonial violence. The film’s structure emphasizes the importance of historical documentation and objective analysis in understanding and reconciling with the past.
Weak link?
Germany wants to come up with a national security strategy (NSS) by the end of 2022. The new government started out with great ambitions in security and defense policy. However, for many allies, Germany seems to be once again a weak link and an unreliable partner in European defense. Instead of focusing on security, it should focus on a strategy for action in the event of conflict. This requires to broaden the concept of security and include more policy fields, especially technology, innovation, and internal security.
Germany’s new government started out with great ambitions in security and defense policy. The first statements and foreign trips of the new government officials to France, Poland, the US, and Ukraine, were reassuring.
However, after this rather ambitious start, hesitations, inconsistent action and messaging vis-à-vis allies, worries about how the German public would perceive government decisions, and irritatingly over-cautious moves towards Russia, have overshadowed initial impressions. For many allies, Germany seems to be once again a weak link and an unreliable partner in European defense.
auf den Grund gehen
Den Dingen auf den Grund gehen. Translation: Get to the bottom of things. Meaning: Investigate thoroughly to understand the real reasons behind a conflict or problem.
More Rules of Moderation
The Germans believe that moderation can succeed only if it makes clear to all parties involved that there will be no naming a winner and a loser.
Naming one side the loser is a guaranty that the conflict resolution will not hold, that the losing party will seek to roll back, revise, reject the resolution. True acceptance, real stability, can be achieved only if both parties come away accepting a compromise.
Akzeptieren. Latin acceptare, to accept, take on, allow, approve, recognize; to come to agreement with someone; to accept an apology, a recommendation, an idea.
present proof
Beweise auf den Tisch legen. Translation: Put the evidence on the table. Meaning: Present proof; don’t just make claims. This is a direct call for objective evidence in any discussion or dispute.
Wannsee Documentation
The Wannsee Conference Documentation (1942). The discovery and use of the minutes from the Wannsee Conference, where senior Nazi officials coordinated the “Final Solution,” became a cornerstone in understanding the bureaucratic and systematic nature of the Holocaust. These documents provided incontrovertible evidence of planning and intent, shaping both legal reckoning and historical understanding in postwar Germany.
Paragraph vs. Case
It is a well known fact that the German and the American legal systems have fundamental differences between them. The modern German legal system is based on ancient Roman law, combined with a bit of French and old Germanic law, but all of it follows the paragraph law structure.
The American system is derived from the English case law tradition, which follows the law as it was laid out by judicial verdicts in actual previous cases. Key cases providing precedence are reviewed to determine how to continue.
Justice (Gerechtigkeit) and judgement are closely connected in the American system. Not just the concrete facts of the case, but also the circumstances are considered to be crucial information for the deliberations and verdict. These then must be interpreted with regard to the complex nature of the human existence.
A task which only persons with sufficient experience with life as well as with people are capable of. This experience – or the wisdom that comes from such experience – is something which only older people can have.
This is why Americans are always astounded when they hear that in Germany relatively young people – in their early 30s – can become judges. Many of the district attorneys that they see on German television look as if they were fresh out of law school.
According to the American understanding of judicial power, paragraph laws play a minor part. Case law is so difficult precisely because it concerns situations which are not found in a German book of federal law.
This is why American judges must be older people who are truly good and wise. Their process too involves stringent scientific methods of analysis, not unlike German paragraph laws. These, from the American perspective, can not deliver more than just the pure facts.
The ability to take these facts and interpret them, to make sense of them, this is what they view as true good judgement. Knowledge of methodology and analytical processes may support one’s good judgement, but can never amount to the equivalent.
“Good things need their time”
The German expression Gut Ding will Weile haben – good things need their time – states that things which are supposed to turn out good will need some time. This becomes clear especially when important decisions are to be addressed:
“Quality before speed: Merkel pulls the brakes at the introduction of new supervision of European banks.” (Handelsblatt 17.2.2015)
“The German Handball Federation President Bauer: “Quality comes before speed.“ (Lahner Zeitung 20.6.2014)
“NPD-Ban: Quality before speed.” (Hamburger Abendblatt 9.12.2011)