Collection: Law
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Notwehrprovokation
The proper treatment of contrived self-defense is one of the most controversial issues in both ethics and the philosophy of criminal law. In this book, Leandro Dias attempts to resolve this problem by drawing on recent developments in non-consequentialist moral philosophy.
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Strafbare sprechakte
Words lead to actions - yet any prohibition of expressing oneself in a certain way that is punishable by law means a restriction of social action. So, what are we allowed to say - and what do we have to put up with hearing? Mustafa Temmuz O?lakc?o?lu explores this question in depth along with the...
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Über das richtige verhältnis von versuchs- und vollendungsstrafe
The German legislator has codified the relationship between the punishment for attempted and completed crime. Julia O’Rourke analyses this decision within a comprehensive examination from the perspective of legal ethics.
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Rechtfertigender notstand im demokratischen rechtsstaat
What kind of powers does necessity as a justification (§ 34 StGB) confer on citizens in the democratic and social constitutional state of the 21st century? To what extent does a "primacy of state procedures" apply? Florian Slognat develops a differentiated approach to solving the equation.
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Das sozialethische unwerturteil als staatliches fremdbild
This volume deals with the question of the limits to which criminal law is subject. It revisits traditional concepts, including theories based on criminal law and on constitutional law, and proposes a novel approach based on a constitutional reading of the principles of guilt or responsibility.
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Eine kurze geschichte der strafe
Why do we punish? Since time immemorial, the great thinkers of all epochs have been concerned with this question, which remains unanswered to this day. In his "short history of punishment" spanning two million years, Lukas Cerny reveals exciting new perspectives on the origins and legitimation ba...
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Zur zukunft subjektiver zurechnung
Attributions of responsibility in criminal law are characterised by a particular interest in inner states and attitudes. At the same time, recent developments express increasing doubts and seek to objectify the rules of attribution more strongly. This tension gives rise to question the future of ...
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Deaktivierung von implantaten am lebensende
Modern medicine offers new possibilites of sustaining life, including fully implanted technical devices. Can patient autonomy justify a lethal deactivation of such devices, or does this constitute an impermissible killing on request? The author outlines the legal boundaries of deactivating implan...
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Die entsprechungsklausel in § 13 abs. 1 stgb
In German criminal law, liability for omission requires, among other things, that "the omission corresponds to the realization of the statutory offence by an act." In this study, the author develops an answer to the question of what the function of the correspondence clause is within the doctrine...
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Verwirklichung und bewahrung des rechtsstaats
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Plädoyer für die legalisierung der leihmutterschaft
Surrogacy arrangements are prohibited by German law. This study examines the reasons for this from an interdisciplinary perspective, which includes law, philosophy, and empirical research. It also presents an alternative law for surrogacy, based on existing regulations for the donation of live or...
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Haftungsgrenzen im franzosischen deliktsrecht
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Rechtfertigender notstand und staatliche verfahren
The protection of individual and supra-individual dangers is the responsibility of the state, reflected in the doctrine of necessity in the principle of the primacy of state procedures. But what is its scope and where are the corresponding potential limits? Mara Sieren-Tietmeyer analyses this que...
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Europaisierung des rechts
Der von Herbert Roth herausgegebene Sammelband ist aus einer Ringvorlesung hervorgegangen, die durch die Juristische Fakultat der Universitat Regensburg im Wintersemester 2009/10 veranstaltet worden ist. Darin sind die Beitrage von siebzehn Mitgliedern der Fakultat versammelt. Die Bandbreite der ...
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Die reformierte fuhrungsaufsicht
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Gleichheit und strafrecht im deutschen naturrecht des 18. und 19. jahrhunderts
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Ostasiatisches strafrecht
Durch den raschen Aufstieg Japans, Sudkoreas und neuerdings Chinas ist Ostasien im Begriff, wieder zur wirtschaftlichen, politischen und kulturellen Grossmacht zu werden. Es ist deshalb bemerkenswert, dass alle drei Lander stark vom deutschen Recht beeinflusst sind. Besonders spurbar ist der Einf...
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Hexerei und magie im strafrecht
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Das vorsatzliche totungsdelikt
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Der transnationale geltungsbereich des deutschen strafrechts
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Unrechtszurechnung und der abbruch rettender verlaufe
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Zurechnung im recht
Questions of imputation are a central problem of jurisprudence. Behind the term lie fundamental philosophical, ethical and legal questions about the allocation of responsibility. With the help of a comprehensive inductive investigation of all areas of law, the background of attribution is reveale...
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Investigativer journalismus aus verfassungsrechtlicher sicht
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Strafrecht ohne freiheitsstrafen - absurde utopie oder logische konsequenz?
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Lebendiges und totes in der verbrechenslehre hans welzels
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Strafrechtsvergleichung als kulturvergleich
English summary: The world of criminal law is in upheaval. The merging of Europe as well as the establishment of international courts has led to new dimensions in criminal law. Political changes have created a need for legal imports. In this conference volume, the authors explore the extent to wh...
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Die praventivwirkung zivil- und strafrechtlicher sanktionen
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Zur schutzfunktion des wirtschaftsstrafrechts
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Die unabhangigkeit des richters
English summary: This volume is based on the articles written for a legal symposium held in 2007 by the law student awardees of the Cusanuswerk (scholarship body of the Catholic Church in Germany). They focus on judicial decision-making, in particular the aspects of judicial decision-making struc...
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Kriminologische grundlagen einer internationalen strafgerichtsbarkeit
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Uber schuld, strafe und sprache
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Beteiligung an organisatorischen machtapparaten
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Der "nemo tenetur"-grundsatz als grenze steuerlicher informationshilfe in der europaischen union
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Rechtswidrigkeit in der diskussion
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Okonomische analyse des verfahrensrechts
English summary: Judicial procedure is commonly perceived as being too lengthy and costly, while the quality of the outcomes has been described as unsatisfactory. Hence, this volume is dedicated to the economic analysis of procedural law. The contributions concern, on the one hand, such fundament...
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Die schule franz von liszts
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Der organisationsgedanke im strafrecht
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Verjahrung im strafrecht
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Reform der totungsdelikte
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Straffreistellung aufgrund von drittverhalten
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Die hypothetische einwilligung im strafrecht
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Eine revision der lehre vom rucktritt vom versuch
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Die europaisierung des deutschen umweltstrafrechts
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Das unrecht der versuchten tat
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Rechtsguter und verhaltnismassigkeit im strafrecht des geistigen eigentums
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Strafrechtliche produkthaftung
Criminal product liability is an important area of modern criminal law. Strongly influenced by its German counterpart, Chinese law has also been further developed in response to China's practical problems. Lingbo Xu's study compares the countries' legal frameworks in the hope of finding a common ...
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Strafrecht als ultima ratio
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Kernbereich privater lebensgestaltung und strafprozessuale lauschangriffe
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Faires verstandigungsverfahren durch transparenz
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Die audiovisuelle vernehmung von auslandszeugen
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Die akzessorietät der bestechungstatbestände im gesundheitswesen
Sections 299a and 299b of the German Criminal Code are linked to the highly regulated, complex German healthcare system, and are dependent on the legislation and statues governing it. In her study, Maren Kristina Becker examines how the healthcare system's provisions influence the interpretation ...
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Strafrecht und neukantianismus
Neo-Kantianism has greatly influenced contemporary German criminal law jurisprudence, although to just what extent is still not clear. To establish a better understanding of this central epoch in criminal law thinking, the contributions gathered here broach the subject from a wide variety of diff...
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Der verbotene beweis im straf- und zivilprozess
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Kriminalpraventionsrecht
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Gerechtigkeit fur humanitatsverbrechen?
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Das verzogerungsverbot im strafverfahren
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Parteiengesetz und strafrecht
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Taterschaft in europa
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Der prognoseschaden bei der untreue
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Strafbare produktwerbung im lichte des gemeinschaftsrechts
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Kriminologie - kriminalpolitik - strafrecht
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Willensunfreiheit und schuldvorwurf
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Individuelle und kollektive zurechnung im strafrecht
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Das strafrecht der deutschen demokratischen republik
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Bewusstes erinnern und bewusstes vergessen
English summary: Coming to terms with the past in Central and Eastern Europe - legal approaches.The contributors to this volume study the relationship between law and history in Central and Eastern Europe. They discuss the law's potential for coming to terms with the Communist past and also deal ...
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Rom, recht, religion
English summary: Authors from different fields of social sciences and the humanities discuss legal issues in their historical, social and political correlations. The 33 papers in this volume cover a wide range of subjects ranging from ancient history of the law, law as a topic in literature, ethi...
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Vollendungsumkehr und wiedergutmachung
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Feuerbachs bayerisches strafgesetzbuch
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Der staatsgerichtshof zum schutze der republik
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Konfrontative zeugenbefragung
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Das unrecht des burgers
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Strafrechtlicher bildnisschutz in modernen darstellungsszenarien
What should modern criminal law protection of images look like in the age of digital communication and social media? This question forms the basis for a wide-ranging analytical journey through the entire law of images, considering the legal-historical development of the protection of images as we...
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Transfer der ergebnisse von strafverfahren in nachfolgende zivilverfahren
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Patientenautonomie im strafrecht
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Geheimnisschutz und transparenz
Disclosing secrets can be punished under criminal law. But to what extent is there an obligation to remain silent when transparency is understood as a democratic principle? Robert Brockhaus argues for a legislative reform to strike the right balance between secrecy and transparency in criminal law.
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Computerkriminalitat im europaischen strafrecht
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Terror - von der (ohn-)macht des staates und der rechtmassigkeit von handlungsalternativen
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Reforming international extradition
This book uses several case studies to demonstrate current problems with international extradition. These include political issues, time delays, jurisdictional problems, and conflict between surrender and the human rights of extraditees. The normative assumptions underpinning extradition ensure t...
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Investorenvereinbarungen und business combination agreements bei aktiengesellschaften
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Essential reads on family offices
Contributions have been carefully curated from the prestigious archive of The International Family Offices Journal, co-published with STEP, and the Special Report, Family Business and Responsible Wealth Ownership.
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Family philanthropy
This title covers a variety of topics including: how families can make decisions about their philanthropy activities; donor advised funds; ways in which families can support cultural organisations, such as museums; and leaving a legacy for the next generations.
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Creating the trusted team of advisers for a family business
This special report describes how family businesses can benefit from a high-performing, inter-disciplinary advisory team for trusted advice, with members sourced from different organisations, and who have demonstrably effective processes for looking after an entire family and their business inter...
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Outsourcing
This book is the fully updated second edition of the key text on outsourcing written by the market-leading global technology and sourcing team at DLA Piper, one of the world's largest law firms.
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Lobbyismus im deutschen bundestag
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Aktuelle entwicklungen im deutschen, osterreichischen und schweizerischen gesellschafts- und kapitalmarktrecht 2012
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Unternehmensverantwortlichkeit und -sanktionierung
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Dritterstreckung im gesellschaftsrecht
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Verhalten im unternehmensrecht
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Das freigabeverfahren gem. 246a aktg im system des einstweiligen rechtsschutzes
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