Whistleblowing als Beitrag zur Rechtsdurchsetzung

Whistleblower polarisieren. Wo die einen mutige Helden sehen, die Missstande anprangern, vermuten andere illoyale Denunzianten. Tatsachlich leisten Whistleblower einen unersetzlichen Beitrag zur Rechtsdurchsetzung, wenn sie Behorden mit ihrem Insiderwissen den Regelvollzug erleichtern. Dennoch fo...

Die Entgrenzung JHWHs

English summary: The origins and the development of biblical monotheism are the subject of an ongoing scholarly debate. For the last three decades, this has broadened our insight into the development of the Israelite religion and its literature. However, up to now there has been little consensus ...

Die Mitte der Reformation

Gesetzesbindung des Richters und Rechtsweggarantie im Mehrebenensystem

English summary: The internationalization of law leads to difficulties for judges in finding the applicable rule. This is a potential threat to the right to judicial review, which includes the right to a correct decision. The fact that in some cases judges are not only subject to international la...

"... dass er treu und gewissenhaft ubertragen werde."

English summary: Defendants who do not have a good command of the German language are dependent on the help of an interpreter. Criminal law scholars and criminal law practitioners act on the assumption that it is only a literal translation which will ensure correct interpreting and that only thro...

Der Zweite - Christus denken

The contributions in this volume redraw the contours of a medial Christology. They question the 'thinking of Christ', the conception of Jesus Christ as the crucified embodiment of God, as an image and thought figure in presence and absence, as a medium of reconciliation and redemption.

Gottesbild und Barmherzigkeit

Das ethische Denken des Evangelisten Lukas ist stark durch dessen Gottesbild gepragt, wobei die Barmherzigkeit als eine der zentralen Charakteristika Gottes zum Vorschein tritt. Eine dergestalt vom Motiv der Barmherzigkeit durchdrungene Ethik stellt im Miteinander und im Gegenuber zu anderen anti...

Dogmatik des christlichen Glaubens

English summary: The Dogma of the Christian Faith, written by Gerhard Ebeling a third of a century ago, very quickly proved to be a classic. Eberhard Jungel immediately hailed the work as creating a consensus. It has in fact remained a significant reference text for dogmatic theology up to the pr...

Die einstweilige Raumungsverfugung des 940a Abs. 2 ZPO

English summary: The German Code of Civil Procedure was recently amended to make it easier for landlords to evict the likes of nomadic tenants. Stephan Wendt has discovered regulatory shortcomings and comes up with a solution to better protect landlords. German description: Liegt ein Vollstrecku...

Schreibarbeit

English summary: How did doctors in the 19th century come to be the indispensible experts that they were before the advent of bacteriology and 'modern medicine'? And what role did paperwork have to play in this? The Bieler doctor and politician Casar Bloesch (1804-1863) left a legacy of 55 medica...

Europaisches Planungsrecht

English summary: European planning law is a disaggregated body of sectional regulations, directives and selective norms that is kept together by specific normative structures which can be called the planning approach. Notwithstanding the importance of European planning law, it still lacks a syste...

Die Zukunft des Zivilprozesses

This edited volume combines the lectures and speeches held at the symposium for Rolf Sturners 70th birthday. They deal with the preoccupation with dogmatics clearly defined by the maxims and objectives of civil procedure as well as the future relevance of dogmatics in view of the diversification ...

Potentiale in der Fusionskontrolle

This volume examines to what extent expanding the scope of merger control to so-called killer acquisitions affects two paradigms of merger control: (i) that it only applies to external growth, and (ii) that it is mainly a tool for controlling market structure.

Placebos und Behandlungsvertrag

Annabelle Wolf's study is dedicated to the question of the legally compliant use of placebos from an interdisciplinary perspective in accordance with the provisions of treatment contract law pursuant to §§ 630a-h BGB.

Das Haftungssystem des Umwandlungsgesetzes bei Carve-out-Transaktionen

Melina Maren Grauschopf examines the extent to which this framework affects the suitability of spin-offs as structuring tools, explores ways to mitigate the resulting burdens, and proposes reforms aimed at balancing creditor protection with the interests of carve-out participants and the need for...

Consumer Autonomy and Vertical Agreements

Johannes Persch explores how EU competition law treats online sales restrictions in vertical agreements, assessing their legal and economic impact while examining whether consumer autonomy offers a meaningful framework for understanding and evaluating such practices.

Ancient Religiosities in Dialogue: Greek, Roman, Jewish, and Christian

Teresa Morgan explores ancient Mediterranean and Near Eastern religiosities in their social and cultural contexts. Studies of the Bible, philosophy, fables, folktales, and ancient and modern historiography illuminate how people thought about their god(s) and how they thought God(s) thought about ...

Assistierte Reproduktion mittels Uterustransplantation

Uterus transplantation offers new paths to motherhood for infertile women-yet its legal admissibility remains contested. Dorothée Heyn's study explores key legal challenges, revealing regulatory gaps and proposing legislative reforms to strengthen legal certainty and (reproductive) autonomy.

Sachbegriff und Eigentumsordnung

Should German property law be adapted to the changed economic realities and in the future cover not only tangible but also intangible objects? Jan Felix Hoffmann examines this question by taking into account French, Austrian and Belgian property law. The latest discussions on crypto assets are al...

Sozialleistungen und Menschenrechte

Yannick Vincent Schoog analyzes the protection of social benefits in the case law of the ECtHR, exploring the relationship between the greatest possible protection for citizens' social benefits, the budgetary sovereignty of states, and the consistent application of human and fundamental rights.

Staat und Loyalität

Is loyalty a necessary prerequisite for the success of a free society? On the one hand, loyalty means a commitment to the values of the constitutional state. On the other hand, this very state also protects the right of individuals to reject it or question its foundations.

Einheitliches Unternehmerrecht

Carmen Freyler deals with the relationship between the law of commercial transactions based on the concept of a merchant and the law of contractual obligations, which is linked to the concept of an entrepreneur. The uniformity is not a finding, but the aim of the investigation.

Einwilligung bei datenfinanzierten Diensten

The concept of service for data forms the basis of many "free" digital services and content. This exchange raises fundamental questions of data protection and contract law in the legal relationship between users and providers. Jonas Baumann analyses the interdependences between consent under data...

Die Ultra-vires-Kontrolle als Institut des Unionsrechts

Riedl's analysis of the constitutional foundations in the member states and the EU treaties shows that ultra vires review is part of EU law, revealing it to be a shared European responsibility, with national constitutional courts and the European Court of Justice each playing distinct but complem...

Digitales Risiko

What exactly do risk and risk-based regulation mean in European digital law? Dominik Klaus undertakes a thorough analysis of the legal challenges encountered in this field to identify the specific requirements of effective regulation. His resulting proposals aim to further develop and simplify th...

Die Zeitgebundenheit juristischer Denkweise und Argumentation

On the basis of the commentary "Stein/Jonas", Bernd Frankemölle examines how the concept of the subject matter evolved in civil procedure law since 1879. Highlighting influences of legal schools and historical contexts, he portrays a dynamic concept, also revealing societal and legal interplay.

Die Scrutiny von Schiedssprüchen

Alexander Archner's study begins with a thorough analysis of the history of arbitration award scrutiny and its present application by various arbitral institutions. This analysis is then used to assess the legitimacy of this control in its various forms and to explore the question of the purpose ...

Unionsbürgerschaft und Auslieferungsschutz

Unlike nationality, citizenship of the European Union has long been irrelevant in the context of extraditions by member states. Hendrik Meier examines whether EU citizenship provides for member state nationals' special protection in cases of extradition requests by third countries.

Vorvertraglicher Schutz der Entscheidungsfreiheit

The protection of pre-contractual freedom of choice and the decision-making process is implemented in civil law through a variety of regulatory instruments. Daniel Friedrich examines whether the new tort law concept of the so-called requirement of fair negotiation can be of advantage to the tradi...

Rechtsfortbildung im Biomedizinrecht

In biomedical law, a complex subject of regulation meets a legislature that has long remained inactive. Elisabeth Kaupp examines the resulting tension between fundamental rights, medical progress, outdated law, and judicial development of the law.

Ungleichbehandlungen vorfindlich Gleicher

If the principle of equality before the law actually meant that equals were to be treated equally without exception, then everyone in need of help in certain triage situations would have to die because there were not enough resources to save everyone. This study reveals the conditions under which...

Systemveränderungen durch Krypto-Assets

How do new technologies change the way government can effectively supervise and regulate capital markets? This study by Hagen Weiss explores and analyses how blockchains dispense with traditional institutions as intermediaries and how decentralising the financial field brings lasting change to di...

Quantifizierung von Massenschäden

Damage quantification in collective redress remains an underexplored yet crucial issue. Focusing on judicial estimation and statutory damages, Rhea Dittmann's work argues for a departure from case-by-case damage calculation and explores efficient solutions for mass claims.

Gemeinschaftliche Forderungen

Marcel Lerch deals with the systematization of joint claims. By returning to the established principles for resolving normative conflicts, he attempts to finally clarify the dogmatic legal relationship between the various regulations on creditor majorities.

Geschäftsherrenhaftung im Wirtschaftsvölkerstrafrecht

International criminal law is primarily enforced by the state parties to the ICC themselves. The economies of these states are logistically intertwined with the states and organizations that are directly responsible for core international crimes. In this study, the author analyzes the problem of ...

Gestaltungsfreiheit im Privatleben

Autonomy is vital in private life because it influences how we shape our lives, identity and personality. Christiane von Bary demonstrates how self-determination in family law and the law of the person is and should be implemented through entering into legal acts and transactions.

Förderung nachhaltiger Investitionen als Regelungsziel

For some years now, European capital markets law has been intently focused on the topic of sustainability. Cornelius Baumann examines how this affects teleological interpretation and whether a new regulatory objective of promoting sustainable investments must be recognised in capital markets law.

Juristische Methode

The legal method asks: What happens when decisions are made? What is the relationship between the texts and the sense of justice? In view of the shortcomings of AI, the classic method, insofar as it adheres to transparency, coherence, human experience and legal persuasiveness, will also have a fu...

Mindeststrafen in Theorie und Praxis

Benedikt Linder's study fills a research gap on minimum penalties, a topic rarely explored despite a high legislative interest. It examines their legal, constitutional, and practical implications, showing through empirical data that excessive minimum penalties are rarely applied and usually avoid...

Kompensation und Interesse

In the event of non-fulfilment of contractual performance obligations, under which conditions and at what level can a creditor demand compensation from a debtor? And can alleviating the burden of proof be counted on by the creditor in such cases?

Kryptoverwahrung

Karina Alexandra Steger's volume asks whether current civil law provides adequate answers to the most important questions surrounding the legal relationship between crypto currency providers and their clientele to meet the challenges posed by technical innovations and regulatory changes.

Bardaisan on Human Nature, Fate, and Free Will

In this volume, leading experts examine the life and thought of Bardaisan (†?222) through a newly prepared bilingual Syriac-English edition of, and commentary on, the Book of the Law of Countries alongside the extant Greek fragments. These sources showcase Bardaisan's arguments on human intellect...

Ein Ringen um die Zeit

Due to the widespread fear of an imminent apocalypse, the concept of time was extensively debated in the Eastern Roman Empire of the sixth century. Topics such as de-eschatologization, acceleration, retardation, pluritemporality, and non-temporality were explored. Mischa Meier explores the differ...

Souveränität der Nation?

During the 1848/49 revolution, the German people claimed constitutional power for themselves for the first time. However, this power was not able to assert itself against the superior forces of inertia - that did not happen until seven decades later in the twentieth century.