Dr. iur. Dr. phil. Philipp-Alexander Hirsch

The project examines the human rights guarantees of the European Convention on Human Rights, the Inter-American Convention on Human Rights, and the fundamental rights of the German Grundgesetz as shaped by the respective case law to determine the extent to which they grant victims of crime subjective rights to punishment of the offender. The… more

Can a person be blamed for turning a blind eye to the circumstances of his or her conduct? From a criminal law perspective, the concept of “willful ignorance” (“willful blindness” or “conscious avoidance”) exists – in varying forms and terms – in different jurisdictions. It usually involves individuals deliberately ignoring or avoiding… more

Current Justification and Significance of the Postulate of Non-Judgmental Science more

Comparative and Interdisciplinary Perspectives on Criminal Liability for Inadvertent Negligence more

Ernst Ferdinand Klein is one of the most prominent figures of the late German Enlightenment. A philosopher, scholar of criminal law, and reformer of the judiciary, he not only played an influential role in shaping academic dis­course in these fields at the end of the 18th century. He also had a lasting impact on forming public opinion on the… more

What is the relationship between law and morality? Does legal philosophy merely apply general moral principles to particular circumstances that give rise to the need for law and its institutions? Or does law have its own kind of normativity, which cannot be reduced to morality?
In current scholarship, Kant is often cited as holding the latter view… more

The aim of this interdisciplinary research project is to evaluate from today’s per­spective the dispute regarding whether punishment ought to be justified on retrib­u­tive or on preventive grounds – a dispute that has been on­go­ing in Ger­many since the end of the eighteenth century and whose most influential protagonists were Kant, Fichte, and… more

The rise of second-personal or relational conceptions of morality has been one of the most significant devel­op­ments in contemporary ethics in the last 25 years. While many different theories are classified under this label, they generally agree that morality concerns ‘what we owe to each other’ (in Thomas Scanlon’s memorable phrase) and is… more

The aim of the project is to address the issue of rights in criminal law: Who holds and who should hold a right not to be wronged by others? And is it the violation of rights – rather than the causing of harm – that grounds a prima facie reason for criminalization? According to the standard view in criminal law, compliance with criminal-law du­ties… more

In German criminal-law doctrine, deliberate high-risk behavior is strictly di­chot­o­mized as either intentional or neg­li­gent behavior. The border line runs between dolus eventualis (“conditional intent”) and bewusste Fahrlässigkeit (“conscious negligence”), although this is accompanied by problems with regard to proving intent in the trial and… more

Both the legal and the everyday attribution of responsibility are based on a rationalist, naive psychology that interprets human action as behaviour caused by epistemic and optative states. The different degrees of legal and everyday attributions of responsibility correspond to the possible combinations of different epistemic states (such as… more

The treatment of infanticide in the Enlightenment discourse on criminal law policy and in the Prussian General Land Law more

Richard Martin Honig (1890–1981) is best known in German criminal law as one of the pioneers of the doctrine of objective imputation due to his ground-breaking contribution “Kausalität und objektive Zurechnung” (Causality and objective imputation) in the Festgabe für Frank (1930), which has since become commonplace in German criminal law doctrine… more