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The Quest for Core Values in the Application of Legal Norms: Essays in Honor of Mordechai Kremnitzer

The Quest for Core Values in the Application of Legal Norms: Essays in Honor of Mordechai Kremnitzer

Author: Khalid Ghanayim; Yuval Shany
Publisher: Springer International
ISBN: 9783030789558

Published In: October 2022
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9783030789527

RM1,004.94

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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.

Introduction - Khalid Ghanayim and Yuval Shany

Part I: Core Values in Public Law

Dieter Grimm - Habermas on Proportionality

Andras Sajo - 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 Hoernle - 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 Munoz 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

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