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

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.- 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.

Khalid Ghanayim is an associate professor in the faculty of law at the University of Haifa, and board member of the Haifa Centre for German and European Studies (HCGES) at the University of Haifa. Khalid studied law in the Faculty of Law at the University of Cologne, Germany, and at the Hebrew University of Jerusalem. He is a research fellow at the Max-Planck-Institute for foreign and international criminal law in Freiburg, Germany.

 

Yuval Shany is the Hersch Lauterpacht Chair in International Law and former dean of the Law Faculty of the Hebrew University of Jerusalem. He has served as a member of the UN Human Rights Committee (2013–2020; Chair, 2018–2019) and as the academic chair of the Minerva Center for Human Rights at the Hebrew University, and is currently vice president for research at the Israel Democracy Institute. Since 2016, Yuval has also been coordinating the work of the cyber-Law program at the International Cyber-Security ResearchCenter at the Hebrew University.