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

Preface
Contents
List of Contributors
Part I: Core Values in Public Law
	Habermas on Proportionality
		References
	On the Foundations of a Democratic Culture of Freedom: Law and the Normative Resources of Art
		1 The Culture of Freedom
		2 The King´s Heir
		3 Posa´s Mistake
		4 The Law of Autonomous Reflection
		5 A Mirror Image of the Life-Worlds to Come?
	Of Forging into Swords on the Dialectic of Rights and the New Liberal Desire for Criminal Law
		1 Introduction
		2 The Analytical Notion of Constitutional Criminal Law
		3 The Analytical Notion of the Dialectic of Rights
			3.1 Brief Conceptualizations
			3.2 Brief Examples from German and European Constitutional Criminal Law
			3.3 Brief Critique of Marx´s Critique of Rights
		4 The Transforming Image of Public Penal Power
		5 Outlook
		References
	Crime, Guilt and Punishment: Dignifying Criminal Law
		1 Introduction
		2 On Dignity: Constitutionalizing Criminal Law
		3 Dignifying the Wrongdoing Requirement
		4 Dignifying the Principle of Guilt
		5 Dignifying the Concept of Punishment
		6 Epilogue: Instead of Conclusions
		References
Part II: Core Values in Criminal Law
	Criminal Law in Multicultural Societies
		1 Cultural and Religious Diversity
		2 Criminalizing Conduct in Multicultural Societies: Should Legal Moralism Be Revived?
		3 Defamation of Religions
		4 Assessing the Seriousness of Offenses: Should Cultural Backgrounds Be Considered?
			4.1 Relevance of Offenders´ Socialization
			4.2 Relevance of Offenders´ Motives
		5 Summary
		References
	Corporate Responsibility in Germany
		1 Introduction
		2 Responsibility of Corporations Under Present German Law
		3 Influence of EU Law
		4 Proposals de lege ferenda
			4.1 Scope of Application
			4.2 Character and Purpose of CCR
			4.3 Model of Liability
			4.4 Sanctions
			4.5 Procedural Issues
		5 Conclusion
		References
	Sanctions for Legal Entities in South American and European Systems of Corporate Criminal Liability
		1 Introduction
		2 The Basis of Data: The Selection of Criminal Law Systems in South America and in Europe Including Some Type of Corporate Cri...
		3 The Types of Sanctions in South America
			3.1 Monetary Fines
			3.2 Confiscation
			3.3 Interdictory Sanctions
			3.4 Specific Solutions with an Impact on the Sanctioning System
		4 The Types of Sanctions in Europe
		5 The Harmonization of Sanctions for Corporate Criminal Liability in International Sources
		6 Ideas for a Summary Assessment
		References
	Proposal for Criminalization of Cyberbullying Among Children
		1 The Increasing Use of Social Networks Among Young Adults
		2 The Extent of Cyberbullying Among Children and Young Adults
		3 Characteristics of the Technology as Behavior Definers and Shapers
		4 The Lack of Supervision and the Lack of Reporting as Aggravating Factors with Respect to Cyberbullying
		5 Legal Aspects of Handling the Phenomenon of Violence Among Children and Young Adults
		6 The Proposed Model: Aggravating Categories
		7 Conclusion
	The German Network Enforcement Act on the Test Bench
		1 Genesis and Rationale
		2 Pros and Cons of NetzDG
			2.1 NetzDG´s Aim and Strengths
				2.1.1 The Increasing Incidence of Hate Crime
				2.1.2 Efficient Monitoring and Deletion of Unlawful Content
				2.1.3 Comprehensive Reporting Obligation
				2.1.4 The Establishment of Self-Regulation Organizations
				2.1.5 Compliance and Regulatory Fines
			2.2 NetzDG´s Weaknesses
				2.2.1 Lack of Legislative Competence?
				2.2.2 Violation of the Freedom of Expression?
				2.2.3 Infringement of the Principle that Law Must Be Precise and Clear
					Illegal Contents
					Manifestly Unlawful Contents
					Provisions on Regulatory Fines
				2.2.4 Breach of the Requirement of Equal Treatment
					The Media in General
					Unequal Treatment between Social Media
				2.2.5 Breach of EU Law
				2.2.6 Compatibility with the Right Against Compelled Self-Incrimination
				2.2.7 Violation of the Principle of Ex-Officio Investigation
				2.2.8 Latest Developments
		3 Summary
		4 Outlook: Criminal Liability of Internet Providers
	How to Balance Fundamental Rights on the One Hand with the Duty of the State to Protect the Fundamental Rights of Its Citizens...
		1 The Matter of Dispute
		2 Fundamental Rights and Constitutional Principles to Be Regarded in the Case of Collecting Data
			2.1 Fundamental Rights Being Affected by Surveillance and Investigative Powers
			2.2 The Weight of the Interference, Must Be Measured Against the Principle of Proportionality and the Principle of Legal Clari...
			2.3 The Protection Against the Threat of International Terrorism as a Legitimate Aim of the Powers
		3 Principles to Be Regarded in the Case of Further Use and Transfer of Data: Purpose Limitation and Change in Purpose
	About Putative Self-Defence
		References
	Life Imprisonment and Other Long-Term Sentences in the Finnish Criminal Justice System: Fluctuations in Penal Policy
		1 Introduction
		2 Criticism of Treatment Ideology (in the 1960s), Revival of ``Neo-classicism´´ (in the 1970s) and the Principles Governing th...
		3 Current Legislation on Life Imprisonment and Other Long-Term Sentences After the Reforms in the 2000s and 2010s and Its Crit...
		References
	A Probe into the Soul of Israeli Criminal Law
		References
Part III: Core Values in International Law
	Collateral Killings of Civilians: Reflecting Recent German Judgments on Co-responsibility for Foreign Drone Attacks
		1 Preliminary Remarks
		2 Facts and Procedure
		3 Lack of Compatibility with German Constitutional Law and International Humanitarian Law
		4 German Co-responsibility for Fatal US Airstrikes: Judicial Access
		5 Germany´s Responsibility to Protect
		6 Civil Remedies: Damages-Compensation-Rehabilitation
		7 Criminal Sanctions: Individual Responsibility
		8 Questionable Legitimacy of Killing in War
		9 Concluding Remarks
		References
	Command Responsibility and the Colombian Peace Process
		1 The Colombian Peace Process and the Special Jurisdiction for Peace
		2 Command Responsibility in the Colombian Context
			2.1 Command Responsibility in the Final Peace Agreement
			2.2 Command Responsibility Under Colombian Law
				2.2.1 Regarding Colombian Security Forces (Legislative Act 01/2017)
				2.2.2 Regarding FARC-EP (JEP Statutory Law)
		3 The Colombian Approach in Light of the ICC Statute
			3.1 Effective Control (Actus reus)
				3.1.1 Control Over Respective Conduct and Limitation to Immediate Subordinates
				3.1.2 Legal and Material Ability to Give Orders
				3.1.3 Ability to Carry Out Military Operations Within a Limited Geographical Area
				3.1.4 The ICC Prosecutor´s Position
			3.2 Causation
			3.3 Knowledge (Mens rea)
		4 Concluding Remarks
		References
	Peace and Punishment: Reflections from the Perspective of International Criminal Law
		1 Introduction
		2 Peace in Domestic Criminal Law
		3 Peace, International Criminal Justice and the Rome Statute
			3.1 Activating the ICC
			3.2 Substantive Law
			3.3 Purposes of Punishment
			3.4 Prosecutorial Discretion
		4 Conclusion
		References
Part IV: Core Values in Legal Research
	Law as `Argumentative Science´: Functional Transfer of Basics of Scientific Theory
		1 Overview on Relevant Basics of Empirical Research
			1.1 The Three Steps in Empirical Research
			1.2 Empirics in Political Science
			1.3 Argumentative Sciences
			1.4 Discussion on `Methods´ in Law: Without any Research Question
		2 The Research Question and Methods in Disciplines Working on an Empirical Basis
			2.1 Overview
			2.2 The Function of `Truth´
		3 Functional Equivalent to a Hypothesis Including a `Theory´ (Step 2) and Discussion (Step 3): Making Arguments to Convince
		4 Discussion
			4.1 The Three Steps
			4.2 Does Content Determine Validity?
			4.3 Conditional Validity: The Procedure Frames how Valid an Argument Is
			4.4 General Consequences of Conditional Validity for a More Conscious Understanding of Law
			4.5 Special Consequences in the Field of Law
		5 Conclusions for Our Work as Legal Researchers
		References
CV of ``Mordechai Kremnitzer´´
	List of Publications
		Doctoral Dissertation
		Books
		Books Edited
		Chapters in Collections (Not Including Chapters in Hebrew)
		Articles (Not Including Articles in Hebrew)
		Miscellaneous (in Hebrew)
		Policy Papers (in Hebrew)
		Motion for the Agenda