PhD Candidate, London School of Economics and Political Science
Resident at the Forschungskolleg Humanwissenschaften:August–December 2020
Research topic at the Forschungskolleg Humanwissenschaften:»Criminal Law as Modus Vivendi – A Realist Rebuttal to Liberal Theories of Criminalisation«
My project aims to expose the overly moralistic tenor and political naiveté of the liberal criminalisation debate, and to formulate the groundwork for a more inclusive conceptual alternative. Drawing attention to the mechanism of political representation and the notion of modus vivendi, in particular, I argue that legitimate government and, by extension, the legitimacy of the criminal law is measured by its capacity to recognise and respond to a plurality of interests and ideas, by the functional integrity and effective operation of its procedures, and by the institutional articulation of its impermanence. Thus (re-)conceived, criminal law presents itself, in its entirety, as a purely coordinative instead of morally condemnatory enterprise – a necessary and significant conceptual shift, I argue, that will prove powerfully illuminating for a more functional and sharp definition of both the interests that warrant state protection and the criminal law’s boundaries with other modes of regulation. (Stephanie Classmann)
Research partner:Stephanie Classmann follows the invitation of Christoph Burchard, Professor of Criminal Law and Criminal Procedure, Comparative Law and Legal Theory at the Goethe University Frankfurt am Main and Goethe Fellow at the Forschungskolleg Humanwissenschaften.
Scholarly profile of Stephanie Classmann Stephanie Classmann is a PhD Candidate and Tutor in Law at the London School of Economics and Political Science. Her research is supervised by Nicola Lacey and Peter Ramsay. Prior to joining the School in 2018, she was Sessional Lecturer in Criminal Law and Legal Research as well as Research Assistant at the University of Sydney Law School in Australia, where she also volunteered for ‘Not Guilty’ – the Sydney Exoneration Project. Stephanie has taught Criminal Law, Legal Foundations, and Legal Research at the LSE, and was appointed Assistant Editor of the LSE Law Working Papers Series for the academic year 2020-21.
Stephanie holds an LL.M. from the University of Sydney, and passed the German Legal State Examinations before the Higher Court Düsseldorf. A graduate of the Heinrich-Heine-University Düsseldorf, Stephanie maintains close ties with Prof. Dr. Karsten Altenhain’s Chair for Criminal Law, White-Collar Crime and Media Law, where she worked as a Research and Teaching Assistant from 2011 to 2016, and has been called upon for comparative projects since 2018.
Please find more information about Stephanie Classmann here.
Main areas of research:Criminal law and criminal procedure, political theory, legal theory, comparative law
- »Fallacies, False Promises, and Liberal Theories of Criminalisation« (article in progress)
- (mit Karsten Altenhain), »Das Problem der Verständigung im Strafverfahren: Regelwerk und praktische Umsetzung im internationalen Vergleich« (working title, article in progress)
- (mit Thomas Hey), »Das Beteiligungsrecht des Betriebsrates in Unternehmen ohne Wirtschaftsausschuss bei Unternehmensübernahme mit Kontrollerwerb«, in: Betriebs-Berater, Bd.70 (2015), S. 3061