Anchoring

The American negotiation vocabulary has a name for the effect of the first number, and it is taught as something to deploy rather than merely to notice. Who anchors first is a live question in American negotiation training, with an argument on each side.

Formation

Formation. The German word for vocational training is built from bilden — to form or shape — the same root as Bildung, education in its broadest sense. You do not take training in German. You are formed by it.

The general clause

German statutes frequently use deliberately broad terms — good faith, reasonableness, good morals — which courts fill case by case. The law is written to require judgment rather than to eliminate it.

To over-advantage

To over-advantage. A single German verb for taking more than your due from a transaction. It sits in ordinary speech and in legal drafting alike. There is no neutral English verb for it — to get a better deal carries no fault, and übervorteilen carries nothing else.

The referee

American sports distinguish rules from judgment calls, and commentators, fans and officials all use the distinction. Some things are reviewable and some are not, and the line between them is itself argued about constantly.

Damage to things, injury to people

German insurance and police reporting distinguish damage to things from injury to people as separate categories, named separately, counted separately. A traffic report states whether there was Sachschaden only.

The division between the matter and the person runs deep enough to structure how accidents are recorded.

The vocabulary of reliability

Zuverlässig — reliable, from sich verlassen auf, to rely upon. The same word is used of a machine and of a person, and it is among the strongest compliments in German for either.

Es läuft — it runs. Said of a machine, a process or a business, and it means everything is as it should be.

Da kann nichts passieren — nothing can happen there. The German assurance, and it is stated absolutely.

Discretionary scope

Ermessensspielraum. German administrative law grants officials a defined room for judgment within a rule, and a decision can be challenged for failing to exercise it as well as for exceeding it. The discretion is part of the rule, with its own boundaries.

Pulled across the table

To pull someone across the table. The German phrase for getting the better of a counterpart in a way that is not legitimate. The image is physical and one-sided. Someone has been moved from their position by force rather than by argument, and the table — the place where the negotiation happened — is what they were dragged over.

Clinical judgment

American medicine runs on protocols, guidelines and pathways — and every one of them carries language reserving the clinician’s judgment to depart from it. The guideline states what is usually right. The physician decides whether this is a usual case.

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