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The Quest for Core Values in the Application of Legal Norms

Essays in Honor of Mordechai Kremnitzer

  • Book
  • © 2021

Overview

Editors:
  1. Khalid Ghanayim

    1. Faculty of Law, University of Haifa, Haifa, Israel

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  2. Yuval Shany

    1. Faculty of Law, Hebrew University of Jerusalem, Jerusalem, Israel

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    You can also search for this editor in PubMed   Google Scholar

  • A high level gathering of legal experts, discussing the role played by values in public law theory and practice
  • Serious engagement by leading authors with cutting edge legal problems
  • Provides a comparative and international law perspective to questions of public law

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Table of contents (17 chapters)

  1. Front Matter

    Pages i-xii
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  3. Core Values in Criminal Law

    1. Front Matter

      Pages 83-83
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    2. Criminal Law in Multicultural Societies

      • Tatjana Hörnle
      Pages 85-102

    3. Corporate Responsibility in Germany

      • Thomas Weigend
      Pages 103-119

    4. Sanctions for Legal Entities in South American and European Systems of Corporate Criminal Liability

      • Vincenzo Militello
      Pages 121-136

    5. Proposal for Criminalization of Cyberbullying Among Children

      • Liat Franco, Khalid Ghanayim
      Pages 137-160

    6. The German Network Enforcement Act on the Test Bench

      • Eric Hilgendorf
      Pages 161-175

    7. 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

      • Kurt Graulich
      Pages 177-183

    8. About Putative Self-Defence

      • Francisco Muñoz Conde
      Pages 185-199

    9. Life Imprisonment and Other Long-Term Sentences in the Finnish Criminal Justice System: Fluctuations in Penal Policy

      • Raimo Lahti
      Pages 201-217

    10. A Probe into the Soul of Israeli Criminal Law

      • George P. Fletcher, Shachar Eldar
      Pages 219-234

  4. Core Values in International Law

    1. Front Matter

      Pages 235-235
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    2. Collateral Killings of Civilians: Reflecting Recent German Judgments on Co-responsibility for Foreign Drone Attacks

      • Albin Eser
      Pages 237-257

    3. Command Responsibility and the Colombian Peace Process

      • Kai Ambos, Susann Aboueldahab
      Pages 259-287

    4. Peace and Punishment: Reflections from the Perspective of International Criminal Law

      • Florian Jeßberger, Julia Geneuss
      Pages 289-304
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Keywords

About this book

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.

Editors and Affiliations

  • Faculty of Law, University of Haifa, Haifa, Israel

    Khalid Ghanayim

  • Faculty of Law, Hebrew University of Jerusalem, Jerusalem, Israel

    Yuval Shany

About the editors

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.


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