Prof. Dr. Jan C. Joerden
Alfried Krupp Senior Fellow
Born 1953 in Essen
Studied Law in Hamburg
Chair of Criminal Law, especially International Criminal Law, Comparative Criminal Law end the Philosophy of Law and Head of the Interdisciplinary Centre for Ethics at the European University Viadrina, Frankfurt/Oder
General Principles of Law in Current Legal Thinking
Legal argumentation often makes use of general principles of law, whether to specify an interpretation of a law or to fill gaps which would remain if an interpretation was based solely on wording. Most of these general principles have a long legal and/or philosophical tradition and are referred to as rules of law, legal principles, doctrines or figures of thought. This long tradition is often to be seen in the fact that the rules or doctrines are designated by Latin expressions (e.g. the “duplex effectus” doctrine, “in dubio pro reo”, “ne bis in idem”). However it must be stressed that these figures of thought and legal rules are not always expressly applied in current thinking on criminal law, but often only indirectly. This can best be shown by revealing structurally identical reasoning in quite different contexts, which can in each case be reduced to the same principle of law. It will also be necessary to investigate both the genesis of legal principles in their respective contexts and subsequent semantic transformations. Furthermore, it is aimed to specify the conditions for the practical application of these legal principles.
Born 1953 in Essen
Studied Law in Hamburg
Chair of Criminal Law, especially International Criminal Law, Comparative Criminal Law end the Philosophy of Law and Head of the Interdisciplinary Centre for Ethics at the European University Viadrina, Frankfurt/Oder
General Principles of Law in Current Legal Thinking
Legal argumentation often makes use of general principles of law, whether to specify an interpretation of a law or to fill gaps which would remain if an interpretation was based solely on wording. Most of these general principles have a long legal and/or philosophical tradition and are referred to as rules of law, legal principles, doctrines or figures of thought. This long tradition is often to be seen in the fact that the rules or doctrines are designated by Latin expressions (e.g. the “duplex effectus” doctrine, “in dubio pro reo”, “ne bis in idem”). However it must be stressed that these figures of thought and legal rules are not always expressly applied in current thinking on criminal law, but often only indirectly. This can best be shown by revealing structurally identical reasoning in quite different contexts, which can in each case be reduced to the same principle of law. It will also be necessary to investigate both the genesis of legal principles in their respective contexts and subsequent semantic transformations. Furthermore, it is aimed to specify the conditions for the practical application of these legal principles.
06/02/12
Deutsche Literatur 1930-1960 — Probleme der Periodisierung und der Interpretation
Alfried Krupp Fellow Lecture
13/02/12
Features and Functions of Human gamma/delta T-Cells
Vortragsreihe „Molekulare Mechanismen elementarer Lebensprozesse“
