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The Quest for Core Values in the Application of Legal Norms: Essays in Honor of Mordechai Kremnitzer

Edited by: Khalid Ghanayim, Yuval Shany

ISBN13: 9783030789527
Published: November 2021
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £129.99
Paperback edition , ISBN13 9783030789558



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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.

Subjects:
Jurisprudence