Max Planck Lawcast

No footnotes. No long lectures. Just pure, rapid-fire legal action. 

To celebrate 100 years of the Max Planck Institute for Comparative and International Private Law in Hamburg, Christopher Murphy puts six of the Institute's researchers in the hot seat to tackle fun, provocative, and quirky questions facing modern private law. From Nicolas Cage pillow cases to the largest bill in history, buckle up for a fun and informative ride.

 Interested in finding answers to even more private law questions? Check out the full campaign at www.mpipriv.de/2183262/fragen

Guest: Franca Maria Feisel (Max Planck Institute for Comparative Public Law and International Law)

In this episode, Christopher Murphy is joined by Franca Maria Feisel as they examine the European Democracy Shield (EDS): a major new EU policy framework designed to safeguard the foundations of European democratic life.

Unlike previous Brussels democracy initiatives that relied heavily on top-down regulations targeting governments and tech platforms, the EDS attempts to shift the front line of defence directly to civil society and everyday citizens. But can a bottom-up approach truly withstand modern threats to democracy, or does it risk shifting state responsibility onto the public?

Find out more:

https://law.mpg.de/lawcast/

Guest: Randall Stephenson (Max Planck Institute for the Study of Crime, Security and Law)

For decades, the standard method for comparing legal systems around the world has been under fire. But what if the problem isn’t the method itself, but how we’ve been using it?

On this episode of the Lawcast, Randall Stephenson argues that instead of abandoning our old tools, we need to completely rethink them. By drawing on everything from ancient philosophy to quantum physics, he reimagines law not as a static museum of rules, but as a dynamic, living web of relationships. Get ready for a fascinating conversation on how we view global law.

Find out more:

https://law.mpg.de/lawcast/?id=223721

Guest: Malcolm Jorgensen (Max Planck Institute for Comparative Public Law and International Law)

Imagine you’re on a yacht in the South China Sea. Suddenly, a US destroyer and a Chinese patrol vessel approach. Both claim rights to the same stretch of water; both believe they are following international law. How can two superpowers look at the same body of water and see two different sets of rules?

Join host Christopher Murphy and guest Malcolm Jorgensen as they explore the retreat of the 'rules-based order'. They discuss a world fracturing into spheres of influence, where international law is increasingly defined by the local superpower. It’s a fascinating look at how China, Russia, and the US are competing to rewrite the very definition of global power.

Find out more:

https://law.mpg.de/lawcast/?id=150080

Guests: Johanna Fink & Marc Bovermann (Max Planck Institute for the Study of Crime, Security and Law)

How can a democracy protect and safeguard its core values without inadvertently harming them and becoming an authoritarian state? This crucial legal and political question forms the starting point for this episode of the Lawcast.

Join Christopher Murphy as his guests—Marc Bovermann and Johanna Fink—discuss how Germany has adopted a so-called militant democracy to balance the right to free speech with the state's duty to safeguard its democratic foundations. 

Find out more:

https://law.mpg.de/lawcast/?id=136355

Guest: Tatjana Hörnle (Director of the Department of Criminal Law, Max Planck Institute for the Study of Crime, Security and Law)

Beyond a simple ‘yes’ or ‘no’, consent to sexual activity is a nuanced concept deeply intertwined with respect, personal boundaries, and human dignity. As European nations grapple with reforming their sexual assault laws to reflect these complexities, we explore the challenges of creating effective legislation. Christopher Murphy is joined by Tatjana Hörnle, whose expertise in the modernization of these laws across Europe provides invaluable insight into this crucial and sensitive subject.

Link to one of Tatjana's papers on the topic:

https://academic.oup.com/clp/article/77/1/49/7646429

Find out more:

https://law.mpg.de/lawcast/?id=123436

Guest: Valérie Rosoux (University of Louvain (Belgium) and Max Planck Law Fellow)

Today's episode explores the complexities of mediation in some of the world's most intractable conflicts. Valérie Rosoux joins Christopher Murphy to discuss how deep-rooted animosity and intergenerational mistrust make third-party brokered mediation particularly difficult in such situations.

Given these complexities, what tools can mediators utilize to bring conflicting parties to the discussion table? When is the optimal time for them to intervene (to avoid acting either too prematurely or too belatedly)? And, perhaps most importantly, how can ingrained mistrust and animosity be transformed into a genuine desire for lasting peace?

Link to one of Valérie's papers on the topic:

https://www.researchgate.net/publication/363954458Hownottomediate_conflict

Guest: Erik Tuchtfeld (Max Planck Institute for Comparative Public Law and International Law)

The Internet connects people from across the globe: it facilitates communication and has single-handedly transformed education, commerce, and entertainment. But who controls what we can say and find on the Internet? Or better put, who are the Internet’s Global Gatekeepers?

In this episode, Erik Tuchtfeld and Christopher Murphy dive into the complex world of online content moderation and discuss its far-reaching implications.

Link to Erik's research papers: https://www.mpil.de/en/pub/institute/personnel/academic-staff/etuchtfe.cfm

Guest: René Urueña (Universidad de Los Andes in Bogotá (Colombia) and Max Planck Law Fellow)

Is Latin America on the verge of a clash between human rights and the growing influence of Christian Evangelicals? This episode of the Max Planck Lawcast delves into the rise of Evangelical Christianity in Latin America. Join Christopher Murphy and renowned Colombian scholar René Urueña as they explore how this dynamic religious movement is shaping politics, culture, and social issues across the region, including its impact on LGBTI rights and the broader landscape of governance and law.

Links to some of René's publications on the topic:

https://link.springer.com/chapter/10.1007/978-94-6265-331-3_8

https://www.cambridge.org/core/journals/american-journal-of-international-law/article/evangelicals-at-the-interamerican-court-of-human-rights/E652289C2BDA5EFF31630C43DACD839C

Guest: Janne Mende (Max Planck Institute for Comparative Public Law and International Law)

This episode delves into the US Supreme Court's 2022 decision to overturn the constitutional right to abortion, a ruling that sparked intense national protest and division. Janne Mende and Christopher Murphy analyse the decision, connecting it to the concept of norm decoupling, which describes the increasing separation of liberal-democratic norms from their traditional interpretations and applications. The discussion then turns to whether the handling of abortion rights in the US is indicative of a more general backsliding of liberal-democratic norms.