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  1. Tatjana Hörnle (forthcoming). Theories of Criminalization. Criminal Law and Philosophy:1-14.
    In this article, I comment on Simester and von Hirsch’s theory of criminalization and discuss general principles of criminalization. After some brief comments on punishment theories and the role of moral wrongdoing, I examine main lines of contemporary criminalization theories which tend to focus on the issues of harm, offense, paternalism and side-constraints. One of the points of disagreement with Simester and von Hirsch concerns the role of the harm principle. I rely on a straightforward normative concept of “rights of (...)
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  2. Tatjana Hörnle (2012). Criminalizing Behaviour to Protect Human Dignity. Criminal Law and Philosophy 6 (3):307-325.
    The purpose of this article is to discuss the criminalization of conduct based on human dignity arguments. It proposes a modest version of integrating human dignity into discussions about criminalization. After a critical examination of both the notion of “human dignity as an objective value” and the assumption that the meaning of human dignity can be explained by referring to Kant’s moral philosophy, human dignity violations are characterized as severe humiliations.
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  3. Tatjana Hörnle (2008). Shooting Down a Hijacked Plane—The German Discussion and Beyond. Criminal Law and Philosophy 3 (2):111-131.
    The article examines whether state officials may shoot down a hijacked airplane which carries uninvolved passengers, if it is known that the plane will be used against the lives of other human beings. In its first sections, it explains the German Federal Constitutional Court’s verdict against such a permission, and it scrutinizes the crucial arguments in this ruling (restrictions on the use of military weapons; human dignity arguments). The author then extends the discussion beyond the path taken by the court. (...)
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  4. Tatjana Hörnle (2007). Commentary to “Complicity and Causality”. Criminal Law and Philosophy 1 (2):143-149.
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  5. Tatjana Hörnle (2004). "Justice and fairness": ein modell auch für das strafverfahren? Rechtstheorie 35 (2):175-194.
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