The Minerva Center for Human Rights
Faculty of Law, The Hebrew University oF Jerusalem
Volume 44 Numbers 1-2 2011
SYMPOSIUM: HUMAN DIGNITY AND THE CRIMINAL LAW
Introduction Miriam Gur-Arye & Thomas Weigend A Concept of Dignity Meir Dan-Cohen The Constitutional Status of Human Dignity in Germany and Israel Ariel L. Bendor & Michael Sachs Constitutional Review of Criminal Prohibitions Affecting Human Dignity and Liberty: German and Israeli Perspectives Miriam Gur-Arye & Thomas Weigend The Primacy of Liberty and Proportionality, Not Human Dignity, When Subjecting Criminal Law to Constitutional Control Kent Roach Human Dignity and the Principle of Culpability Mordechai Kremnitzer & Tatjana Hornle Human Dignity as a Protected Interest in Criminal Law Tatjana Hornle & Mordechai Kremnitzer Humiliation, Degradation, and Moral Capacity: A Response to Hornle and Kremnitzer John Kleinig Human Dignity in the Criminal Process: The Example of Truth-Finding Winfried Hassemer Human Dignity in Criminal Procedure: A Comparative Overview of Israeli and German Law Thomas Weigend & Khalid Ghanayim The Protection of Human Dignity in Interrogations: May Interrogative Torture Ever Be Tolerated? Reflections in Light of Recent German and Israeli Experiences Miriam Gur-Arye & Florian Jessberger Human Dignity and Victims' Rights in the German and Israeli Criminal Process Anat Horovitz & Thomas Weigend Victimhood, Dignity, and the Criminal Justice System: A Comment Leslie Sebba
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Volume 44 Numbers 1-2 2011
SYMPOSIUM: HUMAN DIGNITY AND THE CRIMINAL LAW Introduction Miriam Gur-Arye and Thomas Weigend 4 A Concept of Dignity Meir Dan-Cohen 9 The Constitutional Status of Human Dignity in Germany and Israel Ariel L. Bendor and Michael Sachs 25 Constitutional Review of Criminal Prohibitions Affecting Human Dignity and Liberty: German and Israeli Perspectives Miriam Gur-Arye and Thomas Weigend 63 The Primacy of Liberty and Proportionality, Not Human Dignity, When Subjecting Criminal Law to Constitutional Control Kent Roach 91 Human Dignity and the Principle of Culpability Mordechai Kremnitzer and Tatjana Hornle 115 Human Dignity as a Protected Interest in Criminal Law Tatjana Hornle and Mordechai Kremnitzer 143 Humiliation, Degradation, and Moral Capacity: A Response to Hornle and Kremnitzer JohnKleinig 169 Human Dignity in the Criminal Process: The Example of Truth-Finding Winfried Hassemer 185 Human Dignity in Criminal Procedure: A Comparative Overview of Israeli and German Law Thomas Weigend and Khalid Ghanayim 199 The Protection of Human Dignity in Interrogations: May Interrogative Torture Ever Be Tolerated? Reflections in Light of Recent German and Israeli Experiences Miriam Gur-Arye and Florian Jessberger 229 Human Dignity and Victims' Rights in the German and Israeli Criminal Process Anat Horovitz and Thomas Weigend 263 Victimhood, Dignity, and the Criminal Justice System: A Comment Leslie Sebba 301
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Volume 44 Numbers 1-2 2011
BOARD OF EDITORS
SIR NIGEL RODLEY YUVAL SHANY Editors-in-Chief
MIRIAM GUR-ARYE THOMAS WEIGEND Guest Editors
DANNY EVRON YAEL RONEN DANIEL STEPHENS Executive Editor Academic Editor Production Editor
STUDENT EDITORS
HAIM ABRAHAM LITAL CASPER YAEL NAGGAN MORAN ALRIAMI GALIT HELLER RIMONE RABINOVITCH JOSH HERSCH ASAF LUBIN
INTERNATIONAL ADVISORY BOARD PROF. AHARON BARAK (Former President of the Israeli Supreme Court) PROF. DAPHNE BARAK-EREZ (Tel Aviv University) PROF. ANTONIO CASSESEf (Florence University) PROF. MALCOLM FEELEY (University of California, Berkeley) PROF. JOCHEN FROWEIN (Max Planck Institute for Comparative Public Law and International Law, Heidelberg) PROF. FRANCOISE HAMPSON (University of Essex) PROF. VICKI JACKSON (Harvard University) PROF. MICHAEL KARAYANNI (Hebrew University of Jerusalem) PROF. ECKART KLEIN (Potsdam University) PROF. MORDECHAI KREMNITZER (Hebrew University of Jerusalem) PROF. DAVID KRETZMER (Hebrew University of Jerusalem) PROF. FIONNUALA NI-AOLAIN (University of Minnesota and University of Ulster) PROF. FRANCES RADAY (College of Management Academic Studies, Rishon leZion) PROF. WILLIAM SCHABAS (Middlesex University, London; National University, Ireland) PROF. MALCOLM SHAW (Leicester University) PROF. HENRY STEINER (Harvard University)
Downloaded from https://www.cambridge.org/core. IP address: 170.106.33.14, on 01 Oct 2021 at 14:47:52, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021223700000923 ISRAEL LAW REVIEW The Israel Law Review is the oldest and most acclaimed Israeli law journal published in English. Since its establishment in 1966 by the Law Faculty at the Hebrew University of Jerusalem, the Israel Law Review has served as a leading source of legal scholarship on Israeli law and on issues relevant to Israeli society. As of 2009, the Israel Law Review is published under the auspices and management of the Hebrew University of Jerusalem's Minerva Center for Human Rights. Under this new stewardship, it focuses on scholarship in the fields of human rights, public law and international law and examines the application of legal norms under conditions of conflict and political uncertainty, highlighting the relevance of the Israeli experience in these fields to other parts of the world and that of other societies to Israel. The Israel Law Review is peer-reviewed and presently indexed in major data- bases and abstracting services including Lexis, Hein, and EBSCO.
ACKNOWLEDGEMENTS The Israel Law Review gratefully acknowledges the very generous financial assistance provided by the P.E.F. Israel Endowment Funds, in memory of the funds' founder and first president, Judge Julian W. Mack and by the permanent endowment fund established by Abraham D. Slavitt of Norwalk, Connecticut, U.S.A., in memory of his beloved wife, Jennie A. Slavitt. The Israel Law Review gratefully acknowledges the financial assistance of the Faculty of Law, the Hebrew University of Jerusalem. The Minerva Center for Human Rights at the Hebrew University of Jerusalem gratefully acknowledges the financial assistance provided by the Minerva Foundation for the publication of the Israel Law Review. This issue contains articles presented at an international symposium, entitled "Human Dignity and the Criminal Law," which was the product of a research collaboration between German and Israeli scholars, funded by the German-Israeli Foundation for Scientific Research and Development, and was organized by the Minerva Center for Human Rights at the Hebrew University of Jerusalem.
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SUBSCRIPTION The Israel Law Review is issued three times annually. The annual subscription price is $65 USD (inclusive of shipment by airmail). DISCLAIMER The opinions expressed in articles are those of the signed authors and do not necessarily reflect the views of the Hebrew University of Jerusalem or of the Israel Law Review.
COPYRIGHT All rights reserved. Permission to reproduce articles should be obtained through the Israel Law Review. CONTACT Israel Law Review The Minerva Center for Human Rights Faculty of Law, Hebrew University of Jerusalem Mount Scopus, Jerusalem 91905 Israel Tel:+972-2-5881156 Fax:+972-2-5819371 [email protected] http://law.huji.ac.il/eng/pirsumim.asp?cat=735 ISSN 0021-2237
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