time – Page 4 – understand-culture

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.

Spock. McCoy. Kirk.

In his blogpost Stoicism & Star Trek: Think like Spock – Act like Kirk Jen Farren at the University of Exeter writes:

„Gene Roddenberry (creator of Startrek) says that he deliberately: ‘Took the perfect person and divided him into three, the administrative courageous part in the Captain (Kirk), the logical part in the Science Officer (Spock) and the humanist part in the Doctor (McCoy).’“

Farren then quotes Stephen Fry: „You have the Captain in the middle, who is trying to balance both his humanity and his reason. And on his left shoulder, you have the appetitive, physical Dr. McCoy. And on his right shoulder you have Spock, who is all reason. And they are both flawed, because they don’t balance the two, and they’re at war with each other, McCoy is always having a go at Spock. And Kirk is in the middle, representing the perfect solution.“

Kirk tries to balance emotion and reason, but he never loses sight of taking action. His choices and actions make him take risks for the common welfare, even when the purely logical thing might be to do nothing. In the words of Captain Kirk himself: ‘Gentlemen, we’re debating in a vacuum. Let’s go get some answers.“

Intuition vs. Analysis

According to a report in the Journal of Organizational Behavior and Human Decision Processes by researchers from Boston College, George Mason University and Rice University: Intuition may be just as effective in decision-making as an analytical approach. And sometimes more efficient and effective, depending on the decision-maker’s level of expertise on the subject at hand.

“What we found demystifies a lot of the information out there that says intuition isn’t as effective as if you sat down and walked through an analytical approach.”

Testing intuition against analysis, the study found that people can trust their gut and rely on intuition when making a broad evaluation in an area where they have in-depth knowledge of the subject. As people move up in organizations, they’re often required to make judgments that may not be readily solved by rational analysis.

Intuition has long been viewed as a less effective approach to critical reasoning when compared to the merits of analytical thinking. Yet as society and businesses place a greater emphasis on the speed and effectiveness of decision-making, the intuitive approach has been identified as an increasingly important tool.

Analytic decisions are great for breaking things down into smaller parts, which is necessary for a math problem. But intuition is about looking at patterns and wholes.

“If worse comes to worst . . .”

There are several key phrases that Americans use when making quick, suboptimal decisions. Some of these include:

At the drop of a hat – without any hesitation, instantly; with the slightest provocation.

Back to the drawing board – when a decision fails and a new one needs to be made. First known use: 1941 in a cartoon in the New Yorker magazine.

Back to square one – when a decisions fails so completely that you have to go back to the beginning and start over.

Cross that bridge when you come to it – deal with a problem when it arises, not before. First known use: 1851 in Henry Wadsworth Longfellow’s The Golden Legend.

If worse comes to worst . . . – if the worst possible outcome of the bad decision occurs, the person saying it will do whatever he/she says next. First known use: 1596. Example: We’ll put this to market now, and if worse comes to worst we’ll refund our customers’ money.

Rash decision – a decision made without considering all of the details.

Bonn Republic

Die Unbeugsamen (The Indomitables, 2021): This documentary tells the story of women in the Bonn Republic who had to fight persistently and patiently for their participation in democratic decision-making processes. Their long-term, unwavering commitment and refusal to be rushed by societal or political pressures exemplify the German belief that significant decisions require time, perseverance, and careful deliberation.

slow, reflective pace

In die Sonne schauen. (Sound of Falling, 2025). This film spans four generations of women living in the same farmhouse, depicting how decisions about family, identity, and survival unfold over decades. The film’s structure rewards viewers’ patience, mirroring the way its characters approach life’s major choices with deliberation and endurance. The narrative’s slow, reflective pace reinforces the idea that meaningful decisions are best made over time, not under pressure.

German proverbs

Germans proverbs about a patient approach to decision-making say: allow the decision process to unfold at a pace appropriate to its significance, resist external pressures to rush, and recognize that patience is integral to achieving the best results.

choices and consequences

Johann Wolfgang von Goethe – Faust. In Faust, the protagonist’s journey is marked by deep introspection and a long process of weighing choices and consequences. Goethe’s narrative emphasizes the importance of reflection and patience before making life-altering decisions, warning against impulsive actions and highlighting the value of allowing time for understanding and wisdom to develop.

pause and reflect

Hermann Hesse – Siddhartha. The novel follows Siddhartha’s lifelong quest for enlightenment, during which he repeatedly pauses, reflects, and allows time to shape his decisions. Hesse’s narrative suggests that true wisdom and the right decisions come only with patience and the willingness to let things unfold naturally.

Swiss marksman

Friedrich Schiller – Wilhelm Tell. Schiller’s play, centered on the legendary Swiss marksman, highlights the importance of waiting for the right moment to act. The characters carefully consider their actions, resisting provocation and external pressure until the time is right, embodying the principle that patience leads to the best outcomes.