Die Mörder sind unter uns (The Murderers Are Among Us, 1946). This is one of the first German films made after WWII and a classic of the “rubble film” (Trümmerfilm) genre. Set in the ruins of Berlin, it follows a traumatized doctor who discovers that a former Nazi officer responsible for atrocities is living unpunished among the survivors. The film centers on the protagonist’s moral and psychological investigation into the past, piecing together evidence and memories to confront personal and collective guilt. It dramatizes the process of uncovering the truth about wartime crimes and seeking accountability, embodying the German approach of reconstructing causes and circumstances
evidence
Deutschland 83 86 89
Deutschland 83 / Deutschland 86 / Deutschland 89: This acclaimed spy thriller trilogy follows a young East German border guard who is sent to West Germany as an undercover spy during the Cold War. The series meticulously reconstructs the political, social, and personal factors driving East-West tensions. Characters constantly seek evidence—through espionage, surveillance, and analysis—to understand motivations and prevent escalation. The narrative emphasizes cause-and-effect and the critical role of information in resolving or escalating conflict.
both sides
“Let’s hear both sides of the story.” Emphasizes the importance of considering all perspectives—objective facts and subjective witness accounts—before making a decision.
“The jury is still out.”
“The jury is still out.” Indicates that a decision hasn’t been made yet because all evidence and arguments are still being considered.
get to the bottom
“Let’s get to the bottom of this.” Suggests investigating thoroughly—gathering facts and testimonies—to resolve the conflict.
Watergate
Public Inquiries and Congressional Hearings. Example: Watergate Hearings (1973–1974). Congressional hearings into the Watergate scandal involved the systematic collection of documents, tapes, and extensive witness testimony. Lawmakers acted as judges, weighing both types of evidence to determine wrongdoing and recommend action.
confidential sources
Branzburg v. Hayes (1972). This Supreme Court case addressed whether journalists could refuse to testify about confidential sources. The Court considered both the objective need for evidence in criminal cases and the subjective arguments about press freedom. The majority opinion emphasized that courts must balance these interests on a case-by-case basis, reviewing both facts and testimony to reach a fair outcome. The case illustrates the American approach of acting as a judge—considering all available evidence and subjective claims before making a ruling.
legal tradition
American managers’ approaches to conflict resolution reflect historical legal precedents by emphasizing structured, evidence-based processes rooted in the country’s adversarial legal tradition. This tradition prioritizes the careful weighing of both objective facts and subjective testimony, mirroring the way courts operate in the United States.
Adversarial Process and the Role of the Judge. The American legal system is built on an adversarial model, where opposing sides present evidence and testimony before a neutral judge or jury, who then makes a binding decision. American managers, drawing from this model, often see themselves more as judges than mediators: they listen to all parties, consider documentation and witness statements, and then render a decision.
Integration of Objective and Subjective Evidence. Just as courts balance physical evidence with personal testimony, managers in American businesses are trained to gather both factual data (e.g., records, emails, policies) and subjective input (e.g., employee perspectives, witness accounts) before resolving disputes. This dual approach ensures that decisions are both fair and defensible.
Inluence of Alternative Dispute Resolution (ADR). Legal precedents such as the Federal Mediation and Conciliation Service (established by the Taft-Hartley Act of 1947) and the rise of arbitration and mediation in the late 20th century have influenced corporate practices. Many American companies now utilize mediation, arbitration, and other ADR mechanisms, reflecting the legal system’s endorsement of structured, evidence-based conflict resolution outside of court.
Emphasis on Documentation and Process. Legal history in the U.S. underscores the importance of process, documentation, and transparency. Managers are expected to document conflicts, follow established procedures, and provide clear rationales for their decisions—practices modeled after legal standards and reinforced by court rulings on due process and fairness.
Precedent and Consistency. Just as legal precedent guides future court decisions, American managers often look to company policy, past cases, and industry standards to ensure consistency and fairness in conflict resolution.
Atticus Finch
To Kill a Mockingbird by Harper Lee. The novel centers on the trial of Tom Robinson, an African American man falsely accused of rape. Atticus Finch, acting as his defense attorney, embodies the judge-like approach: he carefully examines objective evidence (or the lack thereof) and cross-examines subjective witness testimony in court. The narrative shows how American justice seeks to balance hard facts with personal accounts, and how the process of judgment is shaped by both.