The Quest for Core Values in the Application of Legal Norms : Essays in Honor of Mordechai Kremnitzer / edited by Khalid Ghanayim, Yuval Shany.
2021
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Title
The Quest for Core Values in the Application of Legal Norms : Essays in Honor of Mordechai Kremnitzer / edited by Khalid Ghanayim, Yuval Shany.
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Edition
1st ed. 2021.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2021.
Description
XII, 340 p. 1 illus. online resource
Formatted Contents Note
Introduction - Khalid Ghanayim and Yuval Shany
Part I: Core Values in Public Law
Dieter Grimm, Habermas on Proportionality
András Sajó, They, the People: On populist people and its democracy, sovereignty and government
Matthias Mahlmann, On the Foundations of a Democratic Culture of Freedom: Law and the normative resources of art
Part II: Core Values in Criminal Law Theory
Christoph Burchard, Of Forging Shields into Swords: On the dialectic of rights and the new liberal desire for criminal law
Mohammed S. Wattad, Crime, Guilt and Punishment: Dignifying Criminal Law
Tatjana Hörnle, Criminal Law in Multicultural Societies
Part III - Core Values in Criminal Law Doctrine
Thomas Weigend, Corporate Responsibility in Germany
Vincenzo Militello , Sanctions For Legal Entities In South American And European Systems Of Corporate Criminal Liability
Liat Franco and Khalid Ghanayim, Proposal for Criminalization of Cyberbullying among Children
Eric Hilgendorf, The German Network Enforcement Act on the Test Bench
Kurt Graulich, How to Balance Fundamental Rights on the one hand with the Duty of the State to Protect the Fundamental Rights of its Citizens on the other
Francisco Muñoz Conde, About Putative Self-Defense
Raimo Lahti, Life Imprisonment and Other Long-Term Sentences in the Finnish Criminal Justice System: Fluctuations in penal policy
A Probe into the Soul of Israeli Criminal Law: A conversation between George P. Fletcher and Shachar Eldar
Part IV - Core Values in International law
Albin Eser, Collateral Killings of Civilians: Reflecting recent German judgments on co-responsibility for foreign drone attacks
Florian Jeßberger & Julia Geneuss, Peace and Punishment: Reflections from the Perspective of International Criminal Law
Kai Ambos and Susann Aboueldahab, Command responsibility and the Colombian Peace Process
Part V - Core Values in Public Law Research
Otto Lagodny and Julius Lagodny, Law as 'Argumentative Science': Functional transfer of basics of scientific theory.
Part I: Core Values in Public Law
Dieter Grimm, Habermas on Proportionality
András Sajó, They, the People: On populist people and its democracy, sovereignty and government
Matthias Mahlmann, On the Foundations of a Democratic Culture of Freedom: Law and the normative resources of art
Part II: Core Values in Criminal Law Theory
Christoph Burchard, Of Forging Shields into Swords: On the dialectic of rights and the new liberal desire for criminal law
Mohammed S. Wattad, Crime, Guilt and Punishment: Dignifying Criminal Law
Tatjana Hörnle, Criminal Law in Multicultural Societies
Part III - Core Values in Criminal Law Doctrine
Thomas Weigend, Corporate Responsibility in Germany
Vincenzo Militello , Sanctions For Legal Entities In South American And European Systems Of Corporate Criminal Liability
Liat Franco and Khalid Ghanayim, Proposal for Criminalization of Cyberbullying among Children
Eric Hilgendorf, The German Network Enforcement Act on the Test Bench
Kurt Graulich, How to Balance Fundamental Rights on the one hand with the Duty of the State to Protect the Fundamental Rights of its Citizens on the other
Francisco Muñoz Conde, About Putative Self-Defense
Raimo Lahti, Life Imprisonment and Other Long-Term Sentences in the Finnish Criminal Justice System: Fluctuations in penal policy
A Probe into the Soul of Israeli Criminal Law: A conversation between George P. Fletcher and Shachar Eldar
Part IV - Core Values in International law
Albin Eser, Collateral Killings of Civilians: Reflecting recent German judgments on co-responsibility for foreign drone attacks
Florian Jeßberger & Julia Geneuss, Peace and Punishment: Reflections from the Perspective of International Criminal Law
Kai Ambos and Susann Aboueldahab, Command responsibility and the Colombian Peace Process
Part V - Core Values in Public Law Research
Otto Lagodny and Julius Lagodny, Law as 'Argumentative Science': Functional transfer of basics of scientific theory.
Summary
Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.
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Language
English
ISBN
9783030789534
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