Selected Publications
- Hermeneutics, Jurisprudence and Law, in: Jeff Malpas/Hans-Helmuth Gander, The Routledge Companion to Hermeneutics, Routledge 2015, S. 451-465.
- Surveillance and Data Protection in the Conflict between European and American Legal Cultures, in: American Institute for Contemporary German Studies, 9.12.2013 (with Russel Miller).
- Ambiguity and Vagueness in Legal Interpretation, in: Lawrence Solan and Peter Tiersma (eds.), Oxford Handbook of Language and Law, Oxford, Oxford University Press 2012, S. 128-144.
- “The Moral and Legal Risks of Interventions” Journal of Institutional and Theoretical Economics (JITE), 170 (1), S. 100-104, 2014.
- Terrorism and the Constitution. Looking at the German Case, in: Dissent, No. 1/2009, S. 13-18.
FRIAS Project
There is an ambivalence about the right to personal data protection: On the one hand it is enshrined not only in the German constitutional tradition, but also listed in Art. 8 of the EU-Charter of Fundamental Rights. On the other hand it remains unclear what the right to personal data protection is about and what it protects. A property like right to control the circulation of personal information seems naïve in our interconnected social and technological reality, in which information is disseminated at all levels. The property conception of the right to informational self-determination – as the right to personal data protection is called in the German constitutional law – is now also rejected by the German Federal Constitutional Court, who ones coined it in property right like terms. But if it is not a property right, what kind of right is it? The thesis of the projekct wants to explore is whether the right to personal data protection is a specific right at all, but must rather be understood as reinforcing other liberty interests – such as privacy, free speech or freedom of assembly – that might be threatened by the collection and storage of personal data. In this perspective personal data protection is not a fundamental right of its own, it is rather a systematic modification of potentially every other fundamental right that could be harmed by the use of personal data.”