The German term Rechtssicherheit conveys the concept oflLegal certainty; clear and stable legal framework. It is culturally significant because contracts and laws are taken seriously and interpreted literally.
firm vs. flexible
The Trial by Franz Kafka (1925)
In the interrogation of Josef K., a bank officer, Kafka depicts a nightmarish negotiation with bureaucratic authorities. Josef K. attempts to defend himself using logic and reason, but the officials evade direct questions, maintain a strict procedural approach, and refuse to clarify the charges. The relentless, rule-bound bureaucracy demonstrates the dark side of German negotiation logic, where procedures and formalities can overshadow fairness and clarity.
Firm vs. Flexible
Once an agreement has been made Germans do not anticipate having to revisit it. It’s not an agreement if it will be renegotiated. Agreed is agreed.
Firm vs. Flexible
Germans believe that a plan can only fulfill its purpose if it is adhered to. “Why make a plan if you have no intention of executing it?” They do not let changing parameters throw them off balance easily.
Firm vs. Flexible
Americans consider every agreement as renegotiable. Everything is in flux. Parameters change. Contractual parties are always free to renegotiate.
Firm vs. Flexible
Americans believe that a plan should be flexible. If the plan, or aspects of it, are not working make the necessary changes. “Why execute on a plan that is not working?”
McDonald brothers
The Founder (2016). This film tells the story of Ray Kroc and the McDonald brothers. Kroc enters into an agreement with the brothers to franchise their restaurant, maintains constant contact as the business grows, but ultimately finds ways to change the terms and force the original owners out. The movie highlights how agreements can be transactional, with parties reserving the right to alter or exit arrangements when it suits their interests.
Renegotiation
Frequent Renegotiation and Non-Ratification of Treaties: The U.S. diplomatic history is marked by numerous instances where treaties were signed but not ratified, or where the U.S. reserved the right to renegotiate or withdraw—such as the failure to ratify the 1911 Reciprocity Treaty with Canada or the 1927 Naval Disarmament Conference in Geneva, which ended without agreement.
walk away
“We can always walk away.” This direct statement illustrates the American logic that participation in an agreement is voluntary and can be ended if it no longer serves one’s interests.
Vertragstreue
The German term Vertragstreue conveys the concept of contract loyalty; strict adherence to agreed terms. It is culturally significant because deviations from a contract are rare and require renegotiation.