Heads of project: Philipp-Alexander Hirsch, Martin Brecher 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?
Head of project: 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.
Head of project: Suheib Qaderi German criminal law provides a set of norms that (ostensibly) presuppose a moral judgment. For example, public prosecutors and courts have to judge questions of “reprehensibility,” “common decency,” and “base motives.” How are such assessments to be made in an ideologically neutral state?
Head of project: Benjamin Vogel Globalization and digitalization have profoundly changed the relationship between nation states and the private sector in recent decades. Increasingly, private com-panies are creating and controlling the spaces in which economic and social interactions take place – for example, on the Internet or in financial markets.
Heads of project: Tatjana Hörnle, Carina Tetal The severity of criminal sanctions targeting the production, possession, and distribution of child pornography, that is, offenses involving child sexual exploitation material (CSEM), is often justified as necessary to prevent future child sexual abuse. This project examined the plausibility of this argument. In a first step, research-ers evaluated the current state of research in this area.
Heads of project: Philipp-Alexander Hirsch, Milan Kuhli, Gideon Stiening 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 relevant socio-political issues in this context as a publicist.
Head of project: 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 against terrorism.
Head of project: Linus Ensel The focus of this research project lies on the potential advantages of a partial rationalization of the sentencing process. This kind of intervention in the existing system would lead to a reduction of judicial discretion and would raise the question of the role human decision-making should play in the sentencing process.
Head of project: 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.
Heads of project: Ralf Poscher, Elisa Orrù FreiburgRESIST is a federally-funded, collaborative research project involving the City of Freiburg authorities and the University of Freiburg’s transdisciplinary Centre for Security and Society. It integrates the fields of information technology, juridical, sociological, ethical, and political security research.
Head of project: Konstanze Jarvers Almost one in three Italian women between the ages of 16 and 70 (6,788,000) have been victims of physical or sexual violence at some point in their lives. Approximately half of these violent experiences were caused by a (former) partner.