All Research Projects

312 Results
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  1. 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 …

  2. 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…

  3. Criminology, Research project, Ongoing

    CRI­ME­TIME/Short-Term Mind­sets and Crime

    Project Lead: Prof. dr. dr. Jean-Louis van Gelder

    Why are some people more likely to commit crime than others? Answers to this question, which is at the heart of criminology, can be grouped into two broad views. On the one hand, dispositional perspectives argue that stable factors within the individual, such as lack of self-control, lie at the roots of criminal conduct. Sociogenic perspectives, on the other hand, put the locus of study outside t…

  4. Criminal Law, Dissertation, Foundations

    “Guilt” and its sig­ni­fic­ance for (Ger­man) crim­in­al law

    Project Lead: Morten Boe

    Guilt is the focal point of (German) criminal law: it is a prerequisite of punishment, is guaranteed by the constitutional principle of guilt, and is the epitome of the general systemic decision to adopt a culpability-based criminal law. In the theory of crime, the category of guilt (or culpability) is widely understood to determine whether a person can be held responsible for a wrongful act. Mor…

  5. Criminal Law, Dissertation, Ongoing, Contemporary Challenges

    Ne­ces­sity and the State’s Mono­poly on the Use of Force

    Project Lead: Florian Slogsnat

    What is the relationship between private and state conflict management? The aim of this project is to examine this relationship in the context of section 34 German Criminal Code (necessity as a justification, rechtfertigender Notstand). According to this provision, an act is justified if it is committed in order to defend a higher-ranking protected legal interest. To prevent undermining the state…

  6. Criminal Law, Dissertation, Ongoing, Foundations

    Nat­ur­al­ism in the Leg­al Sci­ences

    Project Lead: Claudia Wittl

    Interdisciplinary cooperation is becoming more and more important for the legal sciences; nevertheless, legal methodology and doctrine have remained largely resistant to the influence of the empirical sciences. This is due, first, to the defensive attitude most German legal scholars take towards the empirical sciences. Since the law is a normative discipline, they argue, the descriptive findings …

  7. Criminal Law, Dissertation, Ongoing, Transnational Criminal Law Theory

    Mit­ig­a­tion for Failed At­tempts

    Project Lead: Julia O’Rourke

    Joel Feinberg once noted, “Every bona fide philosopher of law tries his hand at least once at the ancient problem of punishing failed attempts“ (37 Arizona Law Review 117 [1995]). While this is certainly true of Anglo-Americans, contemporary German jurists have remained surprisingly silent on the subject. In particular, the effects of failure on sentencing decisions have received little to no att…

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

    Net­zDG and Hu­man Rights

    Project Lead: Dr. Johanna Rinceanu LL.M. (Washington, D.C.)

    The project “NetzDG and Human Rights” addresses the regulatory framework and the detrimental effects on human rights and fundamental freedoms of the Act to Improve Enforcement of the Law in Social Networks (Network Enforcement Act, NetzDG), which entered into force on October 1, 2017, and its recent amendment by the Act to Combat Right-Wing Extremism and Hate Crime. In addition to independent ef…

  9. Criminal Law, Dissertation, Ongoing, Sexual Autonomy and Sexual Offenses

    Should Sec­tion 177 Ger­man Crim­in­al Code (StGB) be Ex­ten­ded to Crim­in­al­ize Neg­li­gent Sexu­al As­sault?

    Project Lead: Céline Feldmann

    Should a person be criminally liable for sexual acts that involve circumstances of mistaken consent? This dissertation discusses whether negligent sexual assault should be criminalized under S. 177 StGB (a position advocated by Hörnle and Jerouschek twenty years ago), and if so, how this could be accomplished. Under current German law, mistaken consent to a sexual act is treated as a mistake of…

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

    From Co­er­cion to Con­sent: Rape Law Re­form in Switzer­land

    Project Lead: Dr. Nora Scheidegger

    Due to the reconceptualization of rape and other sexual offenses as violations of the victim’s sexual autonomy and in view of the obligations arising from international and regional human rights law, more and more European legal systems are revising their understanding of sexual offenses to reflect the victim’s consent. The wind of change has reached Switzerland, too. The introduction of a cons…

  11. Criminal Law, Ongoing, Transnational Criminal Law Theory

    Tak­ing Mon­et­ary Pun­ish­ments Ser­i­ously

    Project Lead: Dr. Ivó Coca Vila LL.M.

    Although theoretical work on the concept of punishment still focuses almost exclusively on custodial sentences (i.e., imprisonment), statistics show that the principal penalty employed by European criminal justice systems – at least in quantitative terms – is the fine. In Germany, for example, approximately 80% of criminal penalties imposed on individuals are fines. These monetary punishments hav…

  12. Criminal Law, Dissertation, Ongoing, Contemporary Challenges

    Sur­rog­acy – In­ter­dis­cip­lin­ary Ana­lys­is and In­ter­na­tion­al Per­spect­ive

    Project Lead: Sophie-Marie Humbert

    Surrogacy is an internationally controversial method of medically-assisted reproduction. Legislation in Germany proscribes medical assistance in impregnating a surrogate and forbids acting as an agent between intended parents and surrogates. As a result, the practice of surrogacy is de facto prohibited in this country. In contrast, several foreign legal systems permit surrogate motherhood, a stat…

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

    Con­flict Reg­u­la­tion in Ger­many’s Plur­al So­ci­ety

    Project Lead: Dr. Clara Rigoni, Dr. Hatem Elliesie

    In the last few years, the informal resolution of disputes within minority groups in Germany has been increasingly criticized and referred to as Paralleljustiz (parallel justice) with a clearly negative connotation. Alternative mechanisms are often accused of obstructing access to formal justice and of threatening the rule of law. Relying on the theories of normative plurality and the concept of …

  14. Criminal Law, Research project, Completed, Contemporary Challenges

    Triage in Pan­dem­ics: A Sur­vey

    Project Lead: Tatjana Hörnle, Prof. Dr. Elisa Hoven

    Which kind of criteria do citizens accept if the Corona crisis forces doctors to apply triage? Prof. Elisa Hoven, University of Leipzig, with support by the Max Planck Institute, has organized a survey. You can find the results here.

  15. Criminal Law (Prof. Sieber), Completed

    Re­think­ing Money Laun­der­ing and Fin­an­cial In­vest­ig­a­tions

    Project Lead: Prof. Dr. Dr. h.c. mult. Ulrich Sieber, Dr. Benjamin Vogel LL.M., Dr. Jean-Baptiste Maillart

    While Anti-Money Laundering instruments are ever increasing in scope and complexity, policymakers have often lost sight of the objectives pursued. As a consequence, legislation is, in many cases, shaped by unrealistic political expectations and inconsistent design. Against this backdrop, this book explains key deficiencies of existing law and develops policy proposals to enhance both effectivenes…

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

    Shifts in In­terests in European Ex­tra­di­tion Law

    Project Lead: Thomas Wahl

    The surrender of criminal suspects who flee to foreign countries has sparked controversy for centuries. Relevant extradition law shows not only criminal law’s territorial limits, but the dissolution of tension between security through effective cross-border enforcement and protecting individual rights. While prosecuting states require assistance from their foreign counterparts as international la…

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

    ‘Gen­er­al Life Risk’ in Ger­man Se­cur­ity Law

    Project Lead: Laura Wallenfels

    To limit the exercise of police powers, German public security law authorizes police to avert so-called dangers. That is, a ‘danger’ is a condition for legitimate use of police power. ‘Danger’ thereby is a term of art. Not all risks are ‘dangers’, and in the common doctrine, there is only a ‘danger’ in the case of a ‘sufficient probability of damage’. This means that probability judgements lie at…

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

    Con­sti­tu­tion­al Re­quire­ments for the Treat­ment of Civil Dis­obedi­ence

    Project Lead: Max Poschmann

    While civil disobedience is widely discussed in political theory, it remains mostly neglected in German legal scholarship. Bridging this gap, this dissertation examines under what conditions, and in what ways, civil disobedience may be constitutionally protected under German law. My primary research question asked whether and how far civil disobedience undermines majority rule and the rule of law…

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

    Per­son­al Risk Pre­ven­tion in Po­lice Law

    Project Lead: Dr. Benjamin Rusteberg

    This project deals with action-oriented measures of personal prevention in police law, which are linked to predictions that a particular person will behave unlawfully in the future. Such measures can be found in almost all areas of the special administrative law, ranging from reliability under commercial law, to the character fitness of a holder of a driving licence, to defence measures again…

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

    Re­flec­tions in Gun Laws

    Project Lead: Friedemann Groth

    This doctoral thesis aims to contextualize understandings of the ‘State’ expressed within the gun laws of Germany and the United States. A cultural legal study, this project offers instructive observations on basic conceptions in legal science. Specifically, it provides a so-called thick description (C. Geertz) of the outer phenomenon ‘gun laws’ to enhance comprehension of deeper phenomena and co…