Max Planck Lawcast

• Sexual Assault Law: What Does Consent Mean?

  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

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• Bridging the Divide: Mediation and Intractable Conflicts

  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

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• Global Gatekeepers: Online Oversight and Internet Content Moderation

  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

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• The Politics of Faith: Evangelicalism and Human Rights in Latin America

  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

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• Democratic-Liberal Norms Under Fire: Abortion Rights in the United States

  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.

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