All Research Projects

312 Results
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  1. Criminal Law, Research project, Ongoing, Contemporary Challenges

    Meas­ures against do­mest­ic and gender-based vi­ol­ence in a com­par­at­ive leg­al per­spect­ive

    Project Lead: Dr. Konstanze Jarvers

    The phenomenon of domestic and gender-based violence against women is widespread and affects all social classes and all countries. In 2014, for example, 33% of women in the EU between the ages of 18 and 74 had been victims of physical or sexual assault at some point in their lives. In addition to physical and sexual violence, women also experience psychological, verbal, and economic violence. The…

  2. Criminology, Research project, Departmental project, Ongoing

    Crim­in­al Sanc­tion and Re­cidiv­ism

    Project Lead: Dr. Carina Tetal, Volker Grundies

    The aim of this longitudinal study is to analyze the criminal behavior of convicted individuals. Reconviction by type of offense, sanction, and socio-demographic characteristics like age and gender will be researched. The results of the first four waves of data collection are now available and cover the reconviction of persons convicted or released from prison in 2004, 2007, 2010, or 2013. The pr…

  3. Public Law, Dissertation, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    The Leg­al Frame­work of Se­cur­ity Agen­cies Fore­cast­ing Based on the Use of Risk As­sess­ment In­stru­ments

    Project Lead: Maja Werner

    Risk assessment instruments provide a promising but controversial forecasting approach for security agencies. This doctoral project aims to structure the legal framework of their use in counterterrorism and counterextremism. A comprehensive analytical framework will be developed by examining which types of instruments are compatible with the rule of law and fundamental rights, and their lawful co…

  4. Public Law, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    ZuRecht

    Project Lead: Prof. Dr. Ralf Poscher Ralf Poscher, Sabrina Ellebrecht (Centre for Security and Society), Prof. Dr. Stefan Jarolimek (Deutsche Hochschule der Polizei), Prof. Dr. Stefan Kaufmann (Universität Freiburg)

    Considering Germany’s diversifying society, the question arises whether its police forces can contribute to an open and plural society and how they should be organized. This joint research project involves three leading public security institutions: the Centre for Security and Society at the University of Freiburg; the Deutsche Hochschule der Polizei; and the Department of Public Law at the Max P…

  5. Public Law, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    Demo­cracy and State Secrets

    Project Lead: Dr. Randall Stephenson M.St. (Oxon) LL.M. (Columbia)

    This comparative law project examines the impact of the Internet and digital communications on networked accountability mechanisms in contemporary democracies (ie Germany, USA, UK). Concentrating on modern-day intelligence gathering trends, my principal research question is whether mass ‘full-take’ information surveillance (and its legal authorisation) is consistent with established principles of…

  6. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    The Depriva­tion of Na­tion­al­ity in the Fight Against Ter­ror­ism

    Project Lead: Samuel Hartwig

    The last few years have seen a disquieting new trend emerge in global Islamist terrorism. The primary threat to Western societies used to be posed by terrorists entering Western countries from abroad. But nowadays citizens of Western countries also travel in the opposite direction to participate in terrorist campaigns in foreign countries. This internationalization of terrorism creates new threat…

  7. Public Law, Dissertation, Ongoing, Fundamentals: Theoretical Foundations and Doctrinal Structures

    Leg­al Her­men­eut­ics and Metaethics

    Project Lead: Rafael Giorgio Dalla Barba

    This interdisciplinary thesis in legal philosophy examines the relevance and impact of metaethics on legal indeterminacy. Conventionally, the process of adjudication relies on hermeneutical methods of legal interpretation and construction to cope with indeterminacies (ie ‘hard cases’, situations where proper application of legal materials is highly contestable). Two competing adjudicatory theorie…

  8. Public Law, Dissertation, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    Re­ima­gin­ing Coun­terter­ror­ism and In­ter­na­tion­al Law Norms in the Pub­lic Se­cur­ity Law Sphere

    Project Lead: Martha Basazienw Kassa

    Terrorism has destabilized governments; jeopardized international peace and security; threatened social and economic development; caused mass displacement; violated human rights; and eroded principles of democracy and good governance. Regrettably, the same can be said of some counterterrorism measures of the last twenty years. The seemingly endless war against an ever present ‘existential threat’…

  9. Public Law, Dissertation, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    Iden­tity Con­trols at ‘Dan­ger­ous Places’

    Project Lead: Antonia Strecke

    In German police law security measures usually demand a ‘concrete danger’. This threshold is fundamental for the rule of law. Since the 1970s, however, the police are entitled to undertake precautionary measures irrespective of a concrete danger. One of these new authorities is the entitlement to verify someone’s identity at ‘dangerous places’ even though the individual person has done nothing to…

  10. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Lan­guage Ob­lig­a­tions of the Po­lice

    Project Lead: Sarah Praunsmändel (Centre for Security and Society)

    In the quest for public security, communication is the most important operational resource used by police. When German police act in a preventive capacity, officers generally speak German while performing their duties. To overcome language barriers, the police may deviate from German, but there is no clear obligation to communicate in other languages. Contrary to this monolingualism, a duty to pr…

  11. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Le­git­im­a­tion and Rep­res­ent­a­tion: An Ana­lys­is of Poli­cing ‘Aptitude’ in Ger­man Civil Ser­vice Law

    Project Lead: Laura Wisser (Centre for Security and Society)

    People with migrant backgrounds are strongly underrepresented in German policing. This fact is legally problematic for multiple reasons. First, due to violations of equality principles guaranteed in Art. 3 and Art. 33 II of the German Constitution. On an individual level, structures that discourage migrant peoples from successfully applying or completing their education would be highly questionab…

  12. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    The Leg­al As­sess­ment of Cy­ber At­tacks on the Fed­er­al Re­pub­lic of Ger­many with Spe­cial Re­gard to Hack-Back as a De­fence Meas­ure

    Project Lead: Philipp Johner (Centre for Se­cur­ity and So­ci­ety)

    Cyber attacks on government institutions and information technology systems occur regularly, representing a substantial security threat to Germany and its economic and political interests. Besides passive defence measures, the so-called ‘hack back’ can be considered an active defence measure. Here, the attacked party launches a cyber counter-attack to dissuade the attacker from their original aim…

  13. Public Law, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    Hand­book of Con­sti­tu­tion­al Law

    Project Lead: Prof. Dr. Ralf Poscher, Prof. Dr. Matthias Herdegen, Prof. Dr. Johannes Masing, Prof. Dr. Klaus Ferdinand Gärditz

    The Handbook of Constitutional Law is co-authored by 24 German professors, and supported by 15 international academics from Europe, North America, Africa, and Asia. Edited by Professors Herdegen, Masing, Poscher, and Gärditz, the Handbook’s main purpose is to foster transnational constitutional dialogue. It will appear in a German and English version and thus be the first comprehensive academic p…

  14. Public Law, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    In­tel­li­gence In­form­a­tion Shar­ing

    Project Lead: Sofiya Kartalova

    As a result of mounting migratory, currency, and judicial reform tensions, the European Union (EU) is currently confronting a rule of law crisis. Rather than focus solely on issues of political legitimacy, recent scholarship proposes reframing this crisis as an absence of trust among EU Member States as well as between some of the EU Member States and EU institutions. In response, this interdisci…

  15. Public Law, Ongoing, Fundamentals: Theoretical Foundations and Doctrinal Structures

    Philo­soph­ic­al and Pub­lic Se­cur­ity Law Im­plic­a­tions of ‘Stochast­ic Ter­ror­ism’

    Project Lead: Dr. James Angove

    This project centres on the concept of ‘stochastic terrorism’, an under-examined yet growing threat to public security. As described by leading scholars, stochastic terrorism involves ‘the use of mass media to provoke random acts of ideologically motivated violence that are statistically predictable but individually unpredictable’ (Hamm and Spaaij, 2017). Such speech is plausibly related to viole…

  16. Public Law, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Com­par­at­ive European Study on Re­stric­tions and Dis­en­fran­chise­ment of Cer­tain Civil and Polit­ic­al Rights After Con­vic­tion

    Project Lead: Dr. Michael Kilchling

    This comparative European study identifies and analyses the rules governing abrogation or temporary restrictions on civil and political rights imposed with criminal penalties. Historically, these restrictions originated with honour-related punishments common in the 18th, 19th and early 20th centuries. By stigmatizing character, they excluded deviant individuals from full social participation. In …

  17. Public Law, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Mul­timod­al Re­mote De­tec­tion of Hid­den Threats in People Screen­ing (HITD)

    Project Lead: Philipp Johner (Centre for Se­cur­ity and So­ci­ety)

    In recent attacks in Paris and Brussels, terrorists used weapons and explosive vests to kill or injure as many people possible. To effectively foil such attacks, one must identify perpetrators from a distance and stop them before they reach dense crowds. This is not possible using current means. Funded by the German Federal Ministry of Education and Research (BMBF), this project aims to develop a…

  18. Public Law, Dissertation, Ongoing, Fundamentals: Theoretical Foundations and Doctrinal Structures

    A Tale of Two Worlds

    Project Lead: Federico Lorenzo Ramaioli

    This comparative philosophy of law dissertation aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this doctoral project intends to avoid bias caused by universalizing Western categories when analyzing …

  19. Criminal Law, Research project, Ongoing, Contemporary Challenges

    The “Co­dice Rosso”: New Meas­ures against Gender-Based and Do­mest­ic Vi­ol­ence in Italy

    Project Lead: Dr. Konstanze Jarvers

    The phenomenon of domestic and gender-based violence against women is widespread and affects all social classes and all countries. Indeed, 31.5% (6,788,000) of Italian women between the ages of 16 and 70 have been victims of physical or sexual vio­lence at some point in their lives. Almost half of these violent experiences were caused by a (former) partner. The discussion surrounding the issu…

  20. Criminology, Ongoing

    Vir­tu­al Burg­lary Pro­ject

    Project Lead: Jean-Louis van Gelder, Gunda Wössner, Dominik Gerstner

    The Virtual Burglary Project uses virtual reality (VR) versions of residential neighborhoods to study the behavior of burglars. Convicted burglars are invited to explore a neighborhood, select a target to burglarize, and commit a burglary in VR and to go about it just as they would in the real world. The VR system tracks all their behavior in real time, such as where they look, how they walk arou…

  21. Criminal Law, Ongoing, The Role of Criminal Law in Fragmented Societies

    Crim­in­al Law in Frag­men­ted So­ci­et­ies

    Project Lead: Tatjana Hörnle

    Sociologists and cultural sociologists describe increasingly plural, multicultural, and fragmented societies. Migration is one of the factors that contribute to these phenomena. The goal of the project is to describe and evaluate the influence of the aforementioned societal developments on substantive criminal law: the prohibitions in criminal statutes, assessments of criminal wrongdoing, and sen…

  22. Criminal Law, Ongoing, Sexual Autonomy and Sexual Offenses

    §§ 174-182 Ger­man Crim­in­al Code (Of­fenses Against Sexu­al Self-De­term­in­a­tion)

    Project Lead: Tatjana Hörnle

    In the decade since 2010, the section on sexual offenses in the German Criminal Code has undergone multiple changes. These developments are traced for the most comprehensive commentary to the German Criminal Code, the “Leipziger Kommentar StGB”. The Commentary collects and analyzes policy discussions surrounding the amendments to the law, addresses questions of interpretation that arise for new o…

  23. Criminal Law, Research project, Ongoing, Contemporary Challenges

    Triage in Pan­dem­ics: Leg­al and Eth­ic­al Per­spect­ives

    Project Lead: Ralf Poscher, Tatjana Hörnle, Prof. Dr. Stefan Huster (Ruhr University Bochum)

    During the Covid-19 pandemic, numerous countries have experienced a scarcity of life-saving resources, including equipment (i.e., ventilators) and free space in intensive care units. Such situations raise difficult ethical and legal questions. Which criteria should be applied to select the patients who are to receive these scarce resources? Should medical prospects of success play a role in such …

  24. Criminal Law, Ongoing, Sexual Autonomy and Sexual Offenses

    Sexu­al As­sault Law: Law Re­form in a Com­par­at­ive Per­spect­ive

    Project Lead: Tatjana Hörnle, Prof. Dr. Tatjana Hörnle, Prof. Manuel Cancio Meliá, Prof. Michelle Madden Dempsey, Prof. Stuart Green, Prof. Jonathan Herring, Prof. Claes Lernestedt, Prof. Kai Lindenberg, Prof. Erin E. Murphy, Dr. Nora Scheidegger, Prof. Stephen Schulhofer

    Traditional criminal laws defined sexual assault as a crime that required violence or threats of violence. Paradigms have shifted: present-day law reforms in various countries focus on lack of consent. There are, however, different approaches regarding how to transform this notion into offense definitions. The purpose of the project is to assess whether the new generation of criminal prohibitions…

  25. Criminology, Research project, Institute project, Ongoing

    Freiburg Co­hort Study

    Project Lead: Dr. Volker Grundies

    The aim of this study is to investigate, via official data, the emergence and evolution of crime, judicial reactions towards crime, and criminal careers. The Freiburg Cohort Study is a long-term project, which, due to its specific cohort design and its extensive period of evaluation, is unique in Germany. The following issues are of central importance to the study: Which age-dependent courses …

  26. Criminology, Ongoing

    The 360º Vir­tu­al Scen­ario Meth­od

    Project Lead: Prof. dr. dr. Jean-Louis van Gelder, Sheina Herman, Dr. Tim Barnum

    The 360º Virtual Scenario research program aims to remedy some of the defects of the traditional scenario (or “vignette”) method by employing immersive 360º video. This virtual reality (VR) method is based on the assumption that the commonly used written scenarios are unlikely to capture the more visceral and emotional aspects involved in real-world offending, which commonly occurs during “hot” a…