Law in Times of Crisis

doi:10.3790/978-3-428-58941-8

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Hilgendorf, E. (Ed.) (2024). Law in Times of Crisis. Festschrift for Yoram Danziger. Duncker & Humblot. https://doi.org/10.3790/978-3-428-58941-8

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Law in Times of Crisis

Festschrift for Yoram Danziger

Editors: Hilgendorf, Eric

Schriften zum Strafrechtsvergleich, Vol. 20

(2024)

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Publisher Name: Duncker & Humblot
ISBN: 978-3-428-58941-8
978-3-428-18941-0 (print edition)
DOI: https://doi.org/10.3790/978-3-428-58941-8
Edition: 1
Language: English
Pages: 692
Collections: NBE D&H
NBE RECHT
D&H 2024
RECHT 2024
Subjects: Comparative law

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Institution: € 256.00 (incl. local VAT if applicable)
Individual: € 169.90 (incl. local VAT if applicable)

Section Title	Page	Action	Price
Message from the Dean	5
Foreword	7
Brigitte Zypries: Jewish Lawyers in Germany – an Asset for the Liberal Constitutional State	9
Inhaltsverzeichnis	15
I. Constitutional Law and Legal Theory	19
Daphne Barak-Erez: Reparations for Holocaust Survivors – Searching for Justice in Israel and Ge‍rmany	21
I. Introduction	21
1. The Reparations Agreement and Israeli Legislation	23
2. The Moral and Political Controversy over the Reparations Agreement	25
3. The Legal Questions: Recognized and Unrecognized History for the Purposes of the Law	27
4. Additional Reparations to Holocaust Survivors and Other Victims of Nazi Germany	31
II. Reparations from Germany and Social Justice in Israel	33
III. The Legal Challenge and the Shortcomings of Law	34
IV. Conclusion	37
Bibliography	37
Leandro Dias and Ezequiel Heffes: New Typologies of Non-International Armed Conflict?	41
I. Introduction	41
II. Categories of Non-International Armed Conflict under Article 8‍(2)(f) of the Rome Statute	43
1. The Single Category Perspective	44
2. The New Typology Hypothesis	46
III. What Does the Case Law Say?	48
IV. Defending the New Typology: Interpretation of Article 8‍(2)(f) through the Lens of the Nullum Crimen Principle (Article 22)	51
1. The Nullum Crimen Principle and the Lex Stricta Requirement in the Rome Statute	51
2. The New Typology as a Restrictive Interpretation of Ambiguous Provisions	54
3. The Reasonableness of the New Typology	58
V. Concluding Remarks	62
Bibliography	63
Avigdor Klagsbald: Justice Danziger's Judgment on the Boycott Law	67
I. Introduction	67
II. The Constitutional Structure of the State of Israel	67
III. The Status of the Basic Laws	70
IV. The Constitutional Status of Freedom of Expression	71
V. The Conditions of the Limitation Clause	72
VI. The Boycott Law	73
VII. The Minority Opinion of Justice Yoram Danziger	74
VIII. A Few Comments of my Own: Severance, Reading Down and the Outcome of the Judgment	78
Bibliography	81
Karl Kreuzer: Is Islamic Shariah Law Applicable under German Constitutional Law?	83
I. Introduction	83
II. What is Sharia?	83
1. Sharia in the Traditional Sense	83
2. State Reception of Sharia Law: Referral and/or Codification	84
3. Sharia Law as Foreign Law Incompatible with the Basic Law	85
III. Does Sharia Law Apply under German Constitutional Law?	86
1. What Does “Applicability” Mean under the Basic Law?	86
2. Criminal Law and Other Public Law	87
3. Family Law and Law of Inheritance	87
a) Applicability of German Substantive Law by Virtue of a General Connection to the German Place of Habitual Residence: Lex Domicilii	87
b) Applicability of (Foreign) Sharia Law by Virtue of Linkage to Foreign Nationality: Lex Patriae	88
4. Exceptions to the Applicability of the Lex Patriae	88
a) Exclusive Applicability of German Substantive Law by Virtue of Unilateral Conflict-of-Law Rules: Lex Fori	88
b) Inapplicability of (Foreign) Sharia Law by Virtue of Reservation Clause (Public Policy: Art. 6 IACC)	90
5. Special Conflict Rules for Refugees	91
a) Convention Refugees and Persons Entitled to Asylum	91
b) There Exist no Special Rules for Persons Entitled to Subsidiary Protection	92
c) Inadequacy of the Inconsistent Determination of Personal Status Provisions for Refugees in German Conflict of Laws	92
IV. Ways towards a Uniform Personal Status for Refugees	94
1. International Law	94
2. National Law of EU-Member States	95
3. EU Law	97
a) Lex lata: Equality of all Refugees under Substantive Law and Integration Law	97
b) Lex ferenda: Uniform Personal Status Provisions for all Refugees	98
V. Summary	100
Bibliography	101
Clemens Lückemann: Large-Scale Disasters in Germany and Israel	103
I. Introduction	103
II. Final Report of the Commission on Ways to Improve the Investigation of Complex Casualty Incidents	104
1. The Investigation Should Transcend the Confines of the Criminal Law	104
2. Victim Concerns Could Be Identified (Even) Better	105
3. An Ongoing Main Judicial Hearing Must Not Be Under the Sword of Damocles of Time Barring	106
III. Conclusion	107
IV. Annex: A 20-Point Proposal on Ways to Improve the Investigation of Complex Casualty Incidents	108
1. The Comprehensive Investigation of Casualty Incidents Extending Beyond Criminal Proceedings	108
2. Time Barring	108
3. Victim Prosecutors	108
4. Dealing with Injured Parties/Survivors During Criminal Investigation Proceedings	109
5. Monetary Compensation – Adhesion Proceedings	109
6. Understanding of Causation, an Investigative Perspective	109
7. Database of Experts	110
8. Instructing, Directing and Examining Expert Witnesses	110
9. Professionalized Staff Support for Affected Prosecutors' Offices	110
10. Legally Qualified Assistants for Courts and Prosecutors' Offices	111
11. Court Managers, On-Site Business Managers	111
12. IT; Digitization; Electronic File (Scanning Standards); Data Exchange	112
13. Physical Facilities: Suitable Court Rooms with Adjoining Rooms	112
14. Guidelines, Contingency Plans	113
15. Review of Completed Large-Scale Trial Proceedings – Criticism of Operations	113
16. Exchange of Best Practice Guidelines	113
17. Coaching and Supervision	113
18. Media Work	114
19. More Flexible Cost Regulation in Cases of Discontinuation of Proceedings Under § 153a StPO	114
20. Postponement of the Retirement of Judges for the Duration of the Main Hearing and Reduction of Sentences	114
Bibliography	114
Yoram Rabin and Alon Rodas: The Role of the State Comptroller of Israel in Combating Government Corruption and Promoting Moral Integrity	115
I. Introduction	115
1. Supreme Audit Institutions: General Review and Main Functions	115
2. Supreme Audit Institutions: Role of Curbing Corruption	117
3. The Israeli SAI	119
II. Moral Integrity Audit	120
III. Real-Time Auditing	123
IV. Uncovering Suspected Criminal Acts	124
V. The Authority to Issue Orders to Protect Whistleblowers	125
VI. Audits of Political Parties and Candidate Financing	127
VII. Prevention of Conflicts of Interest: Ministers and Deputy Ministers	128
VIII. The State Comptroller of Israel: A Pillar of Good Governance and Moral Integrity	128
Bibliography	129
Stefanie Schmahl: Erosion of the Rule of Law: Curtailing the Powers of Constitutional Courts	133
I. Restrictions on the Powers of the Supreme Court in Israel by the Knesset's February 2023 Draft Law	133
II. Legal Considerations on a Comparable Situation in the Federal Republic of Germany	135
1. Admissibility of Changing the Binding Effect of the Federal Constitutional Court's Decisions?	137
2. Admissibility of Changing the Modalities for Electing Judges of the Federal Constitutional Court?	138
3. Result	141
III. Conclusion	142
Bibliography	143
Kyrill-A. Schwarz: How the Law Deals with Troublemakers	145
I. Introduction	145
II. Troublemakers	147
III. The Guarantee of Legal Redress and its Realisation in Ordinary Law	148
1. Article 19 (4) GG as a General Principle of the Rule of Law	148
2. Limitations on Legal Redress by Means of Ordinary Law – the Example of the Right of Access to Information	149
IV. Legitimate Response Options of the Constitutional State	153
1. Historical Models	153
2. The Instruments of the Democratic Constitutional State	154
a) Deprivation of the Capacity to Institute Proceedings	154
b) Set Aside and Do Not Process	155
c) Negation of the Need for Legal Protection	156
d) Fines for Abuse and Maliciousness	157
V. Summary and Outlook	159
Bibliography	159
Alex Stein: Probabilism in Legal Interpretation	163
I. Theories of Interpretation	163
II. Introducing Probabilism	167
1. Standard of Proof	169
2. Tie-Breakers	172
3. Language, “Family Resemblances” and Other Evidence	174
III. Probabilism and Bostock	177
IV. Conclusion	182
Bibliography	183
Christoph Weber and Caroline S. Rapatz: Restoring Stolen Dignity	187
I. Depromotions as an Instrument of the Nazi Regime	187
II. The Würzburg Reappraisal Project	188
1. The Genesis and Course of the Project	188
2. Methodology	190
III. Depromotion Practices under the Nazi Regime	191
1. The (Administrative) Law Foundations for the Deprivation of Doctoral Degrees	191
2. Conduct of the Depromotion Proceedings	195
IV. Würzburg Depromotions 1933–1945	196
V. Rehabilitation Resolution	200
Bibliography	202
II. Criminal Law and Criminal Justice	205
Susanne Beck: Criminal Law in Intercultural Dialogue	207
I. Introduction	207
II. Goals of Culturally Comparative Criminal Law	209
1. In Search of Knowledge	209
2. Supplementing Functionalism in Practice-Based Comparative Law	210
III. Theoretical Background of Culture-Based Comparisons in Criminal Law	213
1. Culture – An Attempt at a Definition	213
2. Culture-Relatedness as a Product of Postmodernism	214
3. The Relativization of Supposed Objectivity and Neutrality	216
IV. Implementing Culture-Based Comparative Law	218
1. Reflections on Goals	218
2. The Legal Understanding of Culture-Related Considerations	219
3. Interdisciplinarity of Comparative Criminal Law	220
4. Acceptance of Ambiguity	221
5. Emphasis on Differences	221
6. Particularities of Criminal Law	222
7. Evaluation: Universalism or Relativism?	224
V. Conclusions	225
Bibliography	225
Mordechai Kremnitzer and Khalid Ghanayim: On the Elements of the Offence of Homicide with Intention to Facilitate the Commission of Another Offence or Escape Justice, According to Section 301 A‍(a)(2) of the Israeli Penal Code (Amendment 137, 2019)	231
I. Preface	231
II. Background of Amendment 137 and the Various Approaches of the Case-Law, Academia and the Legislator	232
1. Penal Code, 1977 (Prior to the Amendment)	232
2. Private and Government Draft Bills	237
III. Proposal of the Committee to Examine the Elements of Homicide Offences (2011)	237
IV. Proposal of the Chairman of the Constitution, Law and Justice Committee of the Parliament – MK Nisan Slomiansky	238
V. Proposal of Prof. Miriam Gur-Arye	239
VI. Government Draft Bill (124)	240
VII. Amendment 137 to the Penal Code (2019)	241
VIII. Conclusion	242
Bibliography	243
Anat Meyassed Cnaan and Talia Eva Goldshtain: Legal Realism and Forensics: Why the Legal System Won't Go All the Way in Limiting Forensic Evidence to its Actual Capacity	245
I. Introduction	245
II. Disillusionment About the Absolute Reliability of Forensic Evidence	246
Growing Public Interest in Forensics and Better Accessibility	254
III. The Assessment of Forensic Evidence in Israel: The Committee on Prevention and Correction of Wrongful Convictions	255
IV. The Admissibility of Forensic Methods	259
V. Proposed Legal Realist Explanations	264
1. Jurists and the ˋScientific' Appeal of Forensic Evidence	267
2. Disqualifying Forensic Methods That Were Used in the Past	268
3. Avoiding Conflict Between Institutions	270
4. The Difficulty of Detaching from the Agenda of Streamlining Legal Procedure and the Weighting of Utilitarian Considerations	271
VI. Closing Notes	272
Bibliography	274
Justin Monsenepwo: OHADA's Balancing Act Between the Community's Need for a Harmonized Criminal Law and the Member States' Hold on National Sovereignty	277
I. Introduction	277
1. Presentation of the Organisation for the Harmonisation of Business Law in Africa (OHADA)	278
2. OHADA's Balancing Act in the Creation of Criminal Law Provisions	280
a) The Compromise in Article 5‍(2) of the OHADA Treaty	280
b) Criminal Law Provisions Found in the Uniform Acts	281
c) Shadows and Lights of the Solution Enshrined in Article 5‍(2) of the OHADA Treaty	283
d) Tour d'horizon of the National Legislations Determining the Corresponding Criminal Sanctions	286
3. OHADA's Balancing Act in the Jurisdiction of the CCJA in Criminal Commercial Matters	287
II. Conclusion	289
Bibliography	289
Rottem Rosenberg Rubins: Eyewitness Identification in Israel: A Theoretical and Comparative Perspective	293
I. Introduction	293
II. Eyewitness Identification: Challenges and Recommendations	295
III. Eyewitness Identification in Israel	300
1. The High Evidentiary Weight of Eyewitness Identification	300
2. Israeli Guidelines for Conducting Police Lineups and Their Deficiencies	303
IV. Discussion: Ameliorating the Deficiencies in Israeli Eyewitness Identification Law on the Basis of the Danziger Committee's Recommendations	310
Bibliography	313
Yaniv Vaki: Condign Punishment Appropriate to the Extent of Proof	317
I. Introduction	317
II. The Traditional Model: Separation Between the Culpability and Punishment Stages	318
III. Dependence Between the Culpability and Punishment Stages	319
IV. Distinguishing Between Convictions Based on the Underlying Evidence	324
V. The Proposed Model: Condign Punishment, Appropriate to the Strength of the Evidence	328
Bibliography	331
Brian Valerius: Legal Measures Against Hate Speech and Hate Crime	335
I. Hate Speech and Hate Crime	335
II. Hate Speech and Freedom of Expression	337
1. Protection of Hate Speech by Freedom of Expression	337
2. Protection of Freedom of Expression from Hate Speech	338
III. Current Legal Measures Against Hate Speech and Hate Crime	340
1. Criminal Offences	340
2. Considering Hate Crime in Fixing Penalties	342
3. Special Issues in the Prosecution of Hate Crimes	343
4. Measures Beyond the Criminal Law	343
IV. Legal Measures Against Hate Speech de lege ferenda	344
1. New or Expanded Offences?	344
2. Solution on the Legal Consequences Side?	347
3. Procedural Solution?	348
Bibliography	349
Shizhou Wang: On the Characteristics of Joint Crime in Chinese Criminal Law	351
I. Conceptual Characteristics of Joint Crime	352
1. Characteristics in Term of Numbers	352
2. Characteristics of Subjective Mental State	354
II. Characteristics of the Theoretical Basis of Joint Crime	357
1. Theoretical Characteristic of Antiquity	357
2. Soviet Russian Influence	362
3. Western Theories	364
4. Chinese Experience	366
III. Characteristics of the Conditions for the Constitution of Joint Crime	368
1. Forms of Joint Crime and Their Constitutive Conditions	368
2. Types of Co-Offender and the Conditions for Their Constitution	372
a) Principal Offender	373
b) Accomplice	373
c) Coerced Accomplices	374
d) Instigator	375
3. Punishment Standards of Various Co-Offenders	376
IV. Summary	377
Bibliography	379
John Zuluaga: Confronting the Past Through Criminal Courts	381
I. Introduction	381
II. The Procedural Forms of Colombias Transitional Justice System	382
III. The Intersection Between Criminal Law and Transitional Justice	384
IV. The Punitive Nature of Colombian Transitional Justice	387
V. Colombian Transitional Justice: A Model for the Continuity of Criminal Justice Problems?	388
VI. What Can Be Expected from Criminal Procedure in Times of Political Transition?	389
VII. Conclusion	390
Bibliography	391
III. Corporate Law and Financial Regulation	395
Winfried Bausback: Future Whistleblower Protection in Germany Caught Between the Conflicting Demands of Bureaucratic Burden and Law Enforcement	397
I. Introduction: Whistleblower Protection as a Subject of EU and German Legislation	398
II. Contents of the EU Whistleblower Directive	399
1. Scope of Application	399
2. Establishment of “Whistleblower Systems” – Internal and External Reporting Systems	400
3. Protection Against Reprisals	402
4. Consequences of the Failure to Transpose the Directive within the Time Limit for the German Jurisdiction	402
III. Current Draft Bills in German Whistleblower Protection Law – Which Exceed EU Implementation Requirements	403
1. Draft Bill of the Federal Government in the Version of the Resolution of the German Bundestag in 2nd and 3rd Reading on 16 December 2022	403
a) Scope of Application	403
b) Establishment of Internal and External Whistleblowing Systems	405
c) Prohibition on Reprisal	406
2. Split Draft Bills of the Government Coalition Partners for a Whistleblower Protection Law as well as for Supplementary Rules on Whistleblower Protection Involving the Additional Requirement of the Availability of Anonymous Reporting Channels	407
IV. Exceeding the Goal? Whistleblower Protection in the EU and Germany, Examined in the Light of Freedom and the Rule of Law	409
V. Concluding Assessment	412
Bibliography	413
Orit Fischman Afori: The Evolving Concept of Minority Shareholders as Controllers – The Israeli Perspective	415
I. Introduction	415
II. Minority Shareholders as Controllers in Israeli Corporate Law	416
III. The Duty of Fairness and the Haama v. Muller Case	419
IV. The Delaware Model	420
V. Concluding Remarks	423
Bibliography	423
Asaf Eckstein and Gideon Parchomovsky: Rethinking Oversight Duties and Responsibilities in Conglomerates	425
I. Introduction	425
II. Conglomerates	426
1. A Parent's Liability for a Subsidiary's Misdeeds	428
2. The Duty of Oversight	434
3. Rethinking Oversight Duties and Responsibilities in Conglomerates	438
III. Conclusion	440
Bibliography	441
Assaf Hamdani and Sharon Hannes: Institutional Investor Activism: Lessons from Israel	445
I. Introduction	445
II. Institutional Investors' Activism and Director Appointments	447
III. Israel: Capital Markets in Transition	450
1. Institutional Investors and Controlled Companies	450
2. The Unique Case of Israel as a Market in Transition	452
IV. Conclusion	462
Bibliography	462
Tamir Shanan: Taxation of “Stateless” Individual Taxpayers in the 21st Century	469
I. Introduction	469
1. The Origins of International Tax Regimes – Reliance on an Outdated Concept, Which Poses Difficulties in Taxing Individual Taxpayers in the Digital Age as Cross-Border Human Capital Mobility Increases	471
2. The Magnitude and Economic Impact of Cross-Boarder Migrants	473
3. Residency Determination for Tax Purposes	475
a) Residency Determination under Domestic Tax Systems	476
b) Residency Determination under Bilateral Tax Treaties	478
c) Non-Dom Regimes and the Bhagwati Proposal	479
4. The Israeli Case	481
II. Concluding Remarks	484
Bibliography	485
Iris Soroker: Regulation of Franchise Termination	489
I. Introduction	489
II. The Blum Case	490
III. The Legal Novelty	497
IV. About Blum and Zohar and Everything in Between	500
V. Franchise Termination: Economic Analysis	501
VI. Regulation on Termination of a Franchise Relationship	505
VII. Conclusion	511
Bibliography	512
IV. Legal Challenges in Digital Transformation and Technology	515
Berthold Haustein: Through the Thicket of Law to the Stars of Technology Transfer	517
I. Introduction	517
II. The Legal Framework for Technology Transfer in Germany	520
1. Higher Education Law and Constitutional Law	520
2. Budgetary Law	524
3. Excursus: Expert Valuation of Property Rights/IP Rights	525
4. Law on State Aid	527
a) No Aid – Market Remuneration	527
b) Aid – Eligibility Criteria for Technology Transfer Aid	529
5. Interim Result	530
III. Conclusion	530
Bibliography	531
Eric Hilgendorf: “The High Dignity of the Office of Judge” in the Age of Artificial Intelligence	533
I. Introduction: Digitization of Legal Decisions?	533
II. Core Elements of the Work of Judges	536
1. Decisions of Legal Issues	537
2. Legal Peace and Acceptance	538
3. Artificial Intelligence as Support	539
III. AI Use to Compensate for Human Weaknesses	540
IV. Competency-Enhancing Uses of AI	542
1. Database Analysis	542
2. Prognoses	542
3. Writing Text	543
4. Evaluation of Evidence	544
5. Communication	545
6. Virtual Space with Virtual Agents	546
7. Final Decision-Making by AI?	546
V. Problems in the Use of AI in the Judiciary	547
1. General Problems	547
2. Specific Legal Challenges	549
VI. Summary and Outlook	551
Bibliography	551
Carsten Kusche: Platform Crime as a Challenge for Criminal Law Doctrine and (Criminal) Law Policy	555
I. Problem Outline	555
II. Softening the Distinction between Perpetration and Participation	557
III. Participation after Completion of the Offence? Perpetuation of Violations of Legal Interests as a Characteristic of Platform Crime	557
IV. Provider Liability in Particular	558
1. Almost No Direct Liability under Current Law	559
2. The Structural Dangers of Modern Online Platforms?	560
3. Systemic Aggravation of Liability in the Digital Services Act	561
4. Tort- and Platform-Specific Differentiation of the Duty Model?	562
a) Abandonment of Blanket Indemnity?	562
b) Moderate Tightening of Liability	563
5. Supervisor Responsibility?	566
a) Imbalance of Advantage and Responsibility	566
b) Breach of Duty of the Company Organisation as a Connecting Factor	566
c) Inappropriateness of the Instruments of the General Part in the Case of Negligence	566
d) Fit of the Principles of Press Criminal Law and (Largely) Independent Liability for Organisational Deficiencies?	567
Bibliography	568
David Roth-Isigkeit: Towards Methodological Experimentalism in Digital Transformation Research	571
I. The Dynamics of Digital Transformation	571
1. Digital Transformation	571
2. Technological Transformation as an Acceleration Process	574
3. Dynamics, Trans-Nationalisation and Uncontrollability: Reasons for the Loss of Social Control	575
II. Methodological Challenges	577
1. The Time Factor: The Necessity of a Procedural Approach	578
2. Clarification and Consolidation of Disciplinary Perspectives from the Natural and Social Sciences	578
3. Legislation on Technology	579
III. The Agenda of an Interdisciplinary Approach	580
1. Towards a Proactive Technology Policy	580
2. Democratisation of Technological Advancements	581
3. A Global Approach	581
IV. Conclusion	582
Bibliography	582
Paul Vogel: The Sanctions Regime in EU Data Protection Law	585
I. Introduction	585
II. The Sanctions Regimes in German and EU Data Protection Law	586
1. Addressees of Data Protection Law	586
2. Administrative Fines under GDPR	588
a) Fining Criteria	589
b) Fines under Art. 83‍(4)–(6) GDPR	592
c) Interim Conclusion	593
III. Effectiveness of the Sanctions Regime as a Means of Protection of Individual Rights	594
1. Sanctions Deficits in Data Protection Law	594
2. Enforcement of Sanctions by Data Protection Supervisory Authorities	596
a) The System of Supervisory Authorities	596
b) Guidelines of the Article 29 Working Party	597
c) Practice of Imposing Fines under GDPR in Germany and Other Member States	598
d) Guidelines Used by the Supervisory Authorities to Calculate Fines	599
IV. Conclusion	603
Bibliography	605
Bernd Weiß: Digitalisation and the Right to the Lawful Judge – Human Being or “Automated Judging Machine”?	607
I. Problem Definition and Problem Awareness	607
II. Automated Judges According to Axel Adrian	608
III. Where Will the Disruption Take Place?	611
IV. Interim Result: The Automated Judge is Possible – in One Way or Another	615
V. How “Resilient” is the “Traditional Statutory Judge”?	616
VI. The Challenge	626
Bibliography	631
V. Ethics, Health, and Law	633
Frauke Rostalski: Life and Death	635
I. Introduction	635
II. Increasing Relativisation of the Protection of Life?	635
III. Beginning and End of Human Life	637
IV. Unborn Life	643
1. Protection of Life and Maternal Surrogacy	643
2. Protection of Life and Termination of Pregnancy	645
V. The Decision Against One's Own (Continued) Life	649
VI. Conclusion	656
Bibliography	656
María Lucila Tuñón Corti: Age, Fair Innings, and Triage in the Time of Coronavirus	665
I. Introduction	665
II. Triage Decision in a Pandemic According to German Criminal Law	668
III. Justifying Age-Based Criteria for Triage Decisions	670
1. ˋIndirect' Age-Based Criteria	671
2. ˋPure' Age-Based Criteria	672
a) Consequentialist Approaches	673
b) Deontological Approach and Fair-Innings	675
IV. Conclusion	679
Bibliography	679
List of Publications by Yoram Danziger	685
I. Books	685
II. Articles	685
III. Reports, Position Papers, and other Publications	686
List of Authors	689