Those who profit from working in the shadows try to avoid explicit recognition in courts. They prefer to settle disputes through private arbitration. The gaze of the courts is like the gaze of scientists peering at a quantum experiment. Possibilities are collapsed. Wealth likes to exist in the margins where it can't be pinned down. As a personal example, which is only remotely related to the theme above, Elisa and I recently decided not to apply for a "short-form" binding ruling from the New Zealand IRD on the matter of our tax residency. We were advised not to seek such a ruling, unless we were almost sure that it would be in our favour.