TY - BOOK
T1 - The Quest for Core Values in the Application of Legal Norms
T2 - Essays in Honor of Mordechai Kremnitzer
AU - Ghanayim, Khalid
AU - Shany, Yuval
N1 - Publisher Copyright: © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021. All rights reserved.
PY - 2021/10/24
Y1 - 2021/10/24
N2 - Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.
AB - Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.
KW - Anti-social Behavior
KW - Corporate Responsibility
KW - Criminal Justice
KW - Fundamental Rights
KW - Human Dignity
KW - Legal Defences
KW - Legal values
KW - Multiculturalism
KW - Populism
KW - Proportionality Principle
UR - http://www.scopus.com/inward/record.url?scp=85165114479&partnerID=8YFLogxK
U2 - 10.1007/978-3-030-78953-4
DO - 10.1007/978-3-030-78953-4
M3 - Book
SN - 9783030789527
BT - The Quest for Core Values in the Application of Legal Norms
ER -