Max Planck Lawcast

Guest: Lara Bucholski (Max Planck Institute for Comparative and International Private Law)

During the years that it was in power, the Nazi regime made far-reaching changes to German civil law, especially family law. Marriage was understood as a societal 'service', children were deemed to be the nation's 'most precious asset', and mothers were idolized as the backbone of society. In today's Lawcast episode, Lara Bucholski details how these civil law changes serve as proof that law is rarely truly neutral as seen by the fact that the value-based jurisprudence of the Nazi regime influenced and modified existing law to its advantage. Thus, although law may be drafted with great precision, significant power remains with those who apply it.

Guest: Raphael Schäfer (Max Planck Institute for Comparative Public Law and International Law)

One of international law’s greatest concerns is ensuring peace. However, sometimes this simply isn't possible. In such instances, the goal of international law then swings towards guaranteeing ‘humane’ warfare and resolving conflicts as quickly as possible.

In today's Lawcast episode, Raphael Schäfer elaborates on the functioning of the laws of war based on their historical context. Although warfare has rapidly evolved over the centuries, the associated death and destruction have not. So what can today’s politicians learn from the politicians of yesteryear when it comes to reining in conflicts before they spiral out of control?

Guest: Antoine Vauchez (University of Paris 1-Sorbonne and Max Planck Law Fellow)

On today’s episode Christopher Murphy is joined by Antoine Vauchez to focus on the re-invention of a central concept of contemporary European democracy, namely that of ‘independence’. Antoine—who heads the Max Planck Law Working Group on ‘Independence and Democracy in the European Union’—traces how the notion of independence has become a highly contested subject within the EU, often culminating in what he terms Europe’s independence wars. From the backsliding of the rule of law in Poland or Hungary to the heated debates over the unconventional monetary policies of the ‘über-independent’ European Central Bank, Antoine demonstrates that how we understand and interpret the notion of independence is at the heart of modern political and legal debate in Europe.

Link to Antoine's paper: https://academic.oup.com/icon/article/20/5/2032/6881104

Guest: Kadir Eryilmaz (Max Planck Institute for Social Anthropology)

In this episode, Christopher Murphy talks with Kadir Eryilmaz about his ethnographic field research on the Syriacs, a small and often overlooked community from Turkey. They explore how marginalized groups, like the Syriacs, form their understanding of the law and how their experiences shape their views on human rights. Through real-life examples, they discuss how past interactions with legal authorities shape the way people approach the law today.

Guest: Ruth Mason (University of Virginia School of Law and Max Planck Law Fellow)

In a dramatic upset in September 2024, Apple and Ireland lost their state aid case before the European Union’s highest court. This decision—which is set to cost Apple over €13 billion—represents the most expensive state aid recovery ever.

Today's guest, Ruth Mason, offers a play-by-play of the case. The episode takes listeners through the European Commission’s administrative procedure, the judgment of the General Court of the European Union, and finally the judgment of the European Court of Justice.  Along the way, it offers criticism of the legal theory the Commission took in the case, as well as insights into Apple’s global tax plan and why that tax plan failed. Broader implications concerning the competitive position of the European Union and the future of US-EU tax relations are also discussed.

Guest: Sergio Mittlaender (FGV Law School in São Paulo and Max Planck Institute for Social Law and Social Policy)

In this podcast, we explore a fascinating study by Lisa Lenz and Sergio Mittlaender on the effects of intergroup contact on discrimination. Through economic experiments, the researchers investigate how structured interactions between individuals from opposing political groups—Democrats and Republicans—can reduce discrimination, further examining the conditions that are necessary for intergroup contact to be effective. Tune in to discover how this research sheds light on human behaviour and offers valuable insights for policymakers working to foster inclusion, integration, and the reduction of prejudice.

Guest: Mahdi Khesali (Max Planck Institute for Research on Collective Goods)

Normative ambiguity, which stems from conflicting norms, can lead to inefficiency and self-serving behaviour. In this episode, Mahdi Khesali introduces a study that he and his colleague Yoan Hermstrüwer have conducted. Based on a 'stealing game', Mahdi discusses how voting on a given moral norm affects our moral compass. The findings emphasize the importance of expressive law and how effectively-designed voting mechanisms can communicate normative consensus.

(Audio Production: www.citysoundstudio.de)

Guest: Rick Sallaba (Max Planck Institute for Social Law and Social Policy)

It has been over a year now since the German government introduced Bürgergeld. The reforms present a major reworking of Germany’s  unemployment benefits system. While Bürgergeld has done away with a number of sanctions that were deemed unfair and counterproductive, not everyone is impressed by this new approach to unemployment and serious concerns have been raised that the benefits are now too attractive (and expensive).

To break the concept of Bürgergeld down with more reason and less emotion, Christopher Murphy is today joined in the studio by the legal scholar Rick Sallaba.

(Audio Production: www.citysoundstudio.de)

Guest: Ragini Surana (Max Planck Institute for Legal History and Legal Theory)

Suppose you pay someone more than you intended to by mistake. What rule of law can be used to rectify the situation? It is not the law of contract because neither of you anticipated this possibility. Nor is it a tort because neither of you have committed a wrong. In this episode Christopher Murphy talks with Ragini Surana about the law of restitution for unjust enrichment with a particular analysis of the introduction and application of the law in India.

(Audio Production: www.citysoundstudio.de)

Guest: Alice Margaria (Max Planck Institute for Social Anthropology)

Defining what makes someone a father has become a complex task in contemporary Europe. What roles are attributed to genetics, marriage, gender, and active involvement in a child's life? Courts are increasingly grappling with these questions, prompted by a combination of societal shifts and scientific advancements, including assisted reproductive technologies and the growing social acceptance of LGBTQ families. In this episode, Alice Margaria reveals how the European Court of Human Rights has – perhaps inadvertently – played a significant role in reshaping notions of fatherhood. Indeed, in recent decades the Court has increased its focus on paternal care, thereby expanding the boundaries of legal fatherhood to encompass a growing number of unconventional fathers.

(Audio Production: www.citysoundstudio.de)