University of Basel

Faculty of Law

SRF Switzerland up-to-date

30.10.2024 ¦ Switzerland up to date

Rumors about the suicide of a woman in the "Sarco" capsule

The media spokesman for the "Sarco" organization has been in custody for five weeks. He was involved when a woman in the canton of Schaffhausen took her own life with the "Sarco" capsule. The length of his pre-trial detention is now being criticized.

Bijan Fateh-Moghadam in an interview with SRF editor Jonas Hinck.

SRF Club

22.10.2024 ¦ Debate in the SRF Club with Bijan Fateh-Moghadam

Sarco - Euthanasia for all?

In the coffin-like Sarco capsule, people who wish to die can kill themselves at the touch of a button.

Sarco has fuelled the debate about euthanasia: do we need more laws - or would this jeopardize current practice? Should euthanasia be further liberalized - or would this increase the pressure on elderly people?

Barbara Lüthi is joined in the SRF Club by:
- Celina Schneider, family member;
- Marion Schafroth, President of "Exit Deutsche Schweiz";
- Nina Fehr Düsel, SVP National Councillor and lawyer;
- Heinz Rüegger, theologian and ethicist;
- Raimund Klesse, psychiatrist and President of the Hippocratic Society of Switzerland; and
- Bijan Fateh-Moghadam, Professor of Law, University of Basel.

Course auditor: Ingrid Hieronymi, honorary supporter of "The Last Resort"

Listen to the contribution here.

2nd Conference of the SNLS: Law and/in the Anthropocene

30.09.2024 ¦ Call for Abstracts

2nd Conference of the SNLS: Law and/in the Anthropocene in February 2025

We invite paper/abstract submissions for the panels of the second conference of the Swiss Network for Law and Society (SNLS) "Law and/in the Anthropocene", that will take place in Bern from 10th to 12th February 2025. In the document "call for abstracts", you'll find the panel descriptions. Please send your abstracts of up to 250 words directly to the panel convenors at the email address provided for each panel on the homepage of the Swiss Network vor Law and Society by September 30th 2024 (Please follow this link for further information).

Convenors for Panel 1 "Rethinking Responsibility: Criminal Law's Response to the Anthropocene": Bijan Fateh-Moghadam (Basel), Alice Savarino (Basel), Christoph Burchard (Frankfurt a.M.), Finn-Lauritz Schmidt (Frankfurt a.M.), Philipp-Alexander Hirsch (Freiburg i.Br.), Nicolai von Maltitz (München) Abstracts in English or German can be sent to bijan.fateh@unibas.ch Conference host and organizing team: Institute of Social Anthropology, University of Bern

Logo ESIL European Society of International Law

Contribution by Carl Jauslin

Solidarity and Human Rights - A difficult marriage with great potential

The European Society of International Law (ESIL) published Carl Jauslin's article on solidarity and human rights on June 10, 2024. The article is part of the dissertation "Solidarity as a legal concept?", which Carl Jauslin is writing under the supervision of Prof. Fateh-Moghadam at the Faculty of Law of the University of Basel.

The article is based on the lecture Carl Jauslin gave at the second workshop of the Schindler Junior Scholars Program 2023/2024 (Prof. Oliver Diggelmann and Prof. Daniel Moeckli) of the Institute of International Law and Foreign Constitutional Law of the University of Zurich under the direction of Judge Georg Nolte on November 21, 2023 The PDF version can be accessed here.

Flyer Workshop The Technology and Ethics of CRISPR

04.03.2024 ¦ Presentation at the Workshop "The Technology and Ethics of CRISPR"

The protection of future persons: How CRISPR is transforming the time horizon of legal responsibility

The three-day workshop (3rd - 6th of March 2024) will focus on the current and future use or potential misuse of the gene editing technology CRISPR/Cas. It will consolidate existing and spark new interdisciplinary work by combining different perspectives on CRISPR Gene Editing and by putting spotlights on both Germline Gene Editing and Somatic Gene Editing. This event will bring together leading scientists, ethicists, legal scholars and practitioners and provide a forum for interdisciplinary research. In addition to expert presentations, there will be time for moderated and roundtable discussions. Early career researchers will present and discuss their research focus in a poster session. Bijan Fateh-Moghadam will give his presentation on 4 March 2024 on the topic "The protection of future persons: How CRISPR is transforming the time horizon of legal responsibility". For more information, please download the preliminary program flyer here.

Book title Habilschrift

Monograph by Prof. Dr. Bijan Fateh-Moghadam

The religious and ideological neutrality of criminal law

On the observation of religious plurality in criminal law. The specific conditions of religious and ideological plurality at the beginning of the 21st century pose new challenges for the study of criminal law. In his fundamentally oriented redefinition of the relationship between criminal law and religion, Bijan Fateh-Moghadam develops religious and ideological neutrality as a fundamental concept of criminal law. By means of a reconstruction of the discussions on the material concept of crime, the purpose of punishment and the recognition of credits and grades of religious justification and excuse based on the principle of neutrality, the contours of a general part of religious criminal law become visible. Building on this, criminal law can solve concrete consequential problems of religious pluralization such as the criminal law assessment of circumcision of boys, the legitimacy of "burqa bans" or the scope of clerical privileges in criminal proceedings in a theoretically controlled manner without positioning itself in terms of religious ideology.

The following reviews have been published so far: In: Goltdammer's Archiv für Strafrecht - 2019, 770-773 (Klaus Ferdinand Gärditz) In: Frankfurter Allgemeine Zeitung (FAZ), March 6, 2020, 12 (Michael Pawlik) In: Zeitschr.f.d.ges.Strafrechtswiss. (ZStW) 132 (2020), 441-452 (Ulfrid Neumann) In: Rechtswissenschaft (RW), Volume 11 (2020), Issue 4, 487-495 (Tatjana Hörnle) In: http://jusletter.weblaw.ch (4/2021) (Simon Schädler) The book can be ordered here - AVAILABLE AS OF NOW OPEN ACCESS!

RV Climate crisis and criminal law

15.01.2024 ¦ Online lecture by Bijan Fateh-Moghadam

The climate of criminal law - Why securing the future with the means of criminal law is so difficult

The climate crisis also raises fundamental questions with regard to the theory and practice of criminal law. For example, the concept of "climate criminal law" (understood as climate protection criminal law) has recently been introduced into the criminal law discourse in order to explore the possibilities and limits of criminal law in climate protection.
Under the title "Climate Crisis and Criminal Law", the event, organized as a digital lecture series, will bring together speakers from Germany and abroad in three thematic blocks (Climate Protection Criminal Law - Climate Protests - Fundamentals) to shed light on selected aspects of the subject from different perspectives (e.g. dogmatic, criminological, legal theory).
Organized by Christoph Burchard and Finn-Lauritz Schmidt from Goethe University Frankfurt am Main in cooperation with the cluster initiative ConTrust. Bijan Fateh-Moghadam will give an online lecture on 15.01.2024 at 10:15 a.m. on the subject of "The climate of criminal law - Why securing the future with the means of criminal law is so difficult". To participate live online via Zoom, please follow this link (Meeting ID: 941 9219 9198; ID code: 810115)

Interview at Religions in Conversation

15.11.2023 ¦ Interview on the YouTube channel "Religions in conversation"

Koran burnings - do we need to ban them?

Is it regulation if someone burns a Koran at a demonstration? Does this fall under freedom of expression? Koran burnings have caused great outrage in recent months. The United Nations Human Rights Council has called on all countries to punish such actions. Where this is not yet possible, new laws should be enacted. What is the legal situation in Germany? Do we need new rules and laws? Prof. Wolfgang Reinbold talks about this with the legal expert Prof. Bijan Fateh-Moghadam from the University of Basel. Listen to the interview here.

Health law, 2nd edition 2023

Contribution by Bijan Fateh-Moghadam on the "Reproductive Medicine Act (FMedG)"

Health law" handbook

The dynamic development of reproductive medicine is accompanied by an ongoing process of legalization. As each new reproductive medical procedure increases the possible scope of legally protected reproductive autonomy on the one hand and raises the question of the necessity of legal barriers on the other, reproductive medicine is proving to be a transformative technology. The following overview of the law of reproductive medicine is not limited to a descriptive presentation of what is valid, but attempts a critical reconstruction of current reproductive medicine law. You can find Bijan Fateh-Moghadam's contribution on pages 935-996. The print edition of the handbook, edited by Tomas Poledna and Virgilia Rumetsch, can be ordered via this link.

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06.07.2023 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the Leibnizhaus in Hanover

Conference on digitalization and criminal sciences

As a global social transformation, digitalization is not only subject heading all social internships, but also all academic disciplines. However, some academics do not grasp the phenomenon in a way that reflects the global and total character of the "digital turn", instead limiting themselves to sectoral understandings. The interdisciplinary conference on "Digitalization as a total social fact of criminal sciences" from 6 to 7 July 2023 aims to discuss the need to develop a more global understanding of digitalization as a total social fact (Nortje Marres, Digital Sociology, 2017) in criminal sciences as well. On 6 July 2023, Prof. Bijan Fateh-Moghadam will give a lecture on the subject of ""Where must prevails, there must be no should." - The impossibility of norms in the digital prevention society". These and other criminological, substantive law and criminal procedure issues will be addressed in the presentations. Click on the link to access the program and the application.

Rousseau Lectures

01.06.2023 ¦ Populism as a challenge for (direct) democracy and the rule of law ¦ Faculty of Law ¦ University of Basel

SVRSP Rousseau Lectures 2023

With the SVRSP Rousseau Lectures, the Swiss Association for Philosophy of Law and Social Philosophy aims to contribute to social understanding on fundamental questions of law, the state, international regulations and justice. In times of far-reaching political upheavals in democratic constitutional states and a deep crisis in the international legal and peace order, it is important to reassure ourselves of the foundations of legal systems in order to be able to defend them against pending enemies or indifference. Organizers: SVRSP, Professorship for Foundations of Law and Life Sciences Law (Basel), Research Network Law and Religion (Basel), Doctoral Program "Law in Transition" (Basel) A review of the Rousseau Lectures can be found here.

Dissertation on euthanasia for cyborgs

Monograph by Claudia Stühler

Euthanasia for cyborgs. Technical implants at the end of life

Claudia Stühler's dissertation, written at the chair of Bijan Fateh-Moghadam, was awarded the 27th Science Prize of the Society for Law and Politics in Health Care (GRPG). Ms. Stühler's publication deals, among other things, with the question of whether a cardioverter defibrillator implanted in the body may be switched off with impunity at the patient's request? Claudia Stühler analyzes the effects of the use of new micromedical technologies in the human body on the traditional doctrine of euthanasia with special consideration of the fundamental right to self-determined dying. It takes its starting point in preliminary considerations from the philosophy of technology and the social sciences. The focal area of the criminal law dogmatic analysis is then the question of whether the deactivation of an implanted technical assistance system can be qualified as a lawful termination of treatment. It is shown that the progressive self-technologization of human beings is putting increasing pressure on the legitimacy of physical restraints. The book can be ordered here.

Statement on motion

Working Paper of the professorship for Foundations of Law and Life Sciences Law ¦ Faculty of Law ¦ University of Basel

Should the triage decision be regulated by law?

In a working paper, Bijan Fateh-Moghadam comments on Graf Maya's motion 22.3246 concerning a legal basis for triage decisions on access to intensive medical treatment, in particular ensuring that people with disabilities are not discriminated against. The motion and the comments can be found below.

Max Planck Institute

06.02.2023 ¦ Presentation of Bijan Fateh-Moghadam at the Max Planck Institute for Study of Crime, Security and Law, Freiburg

Academic Workshop "Citizenship and Fragmentation in Criminal Law"

What role does the relationship between the state and its citizens play for criminal law? The workshop aims to discuss the role that citizenship should play in criminal law theory and to what extent the increasing fragmentation in many societies could change our views on criminal law and the scope of criminalization.
The presentation of Bijan Fateh-Moghadam addresses the issue of ""Fragmented Societies" and Criminal Law: A Conservative Crisis Narrative". You can download the program flyer here.

University of Augsburg Faculty of Law

Lecture by Bijan Fateh-Moghadam on "Ex post triage - reasons for and against its admissions"

Conference "Triage according to the decision of the legislator (§ 5c IfSG)"

In November 2022, the German legislator enacted a rudimentary regulation on triage in the pandemic (Section 5c of the Infection Protection Act). This raises a number of problems under criminal and constitutional law, which the conference on 20 January 2023 will address. The presentation by Bijan Fateh-Moghadam will deal with criminal law dogmatic and legal ethical reasons against the admission of ex post triage. The conference will take place in hybrid form. Below you will find the link to the flyer.

Handbook of criminal law in medicine

Contribution by Bijan Fateh-Moghadam on "Criminal law risks of organ transplantation"

Handbook "Criminal Law in Medicine"

Criminal law in medicine is currently in a state of flux. While the classical criminal law of medical practitioners is constantly being expanded to include new issues, medical practitioners are also increasingly exposed to criminal liability risks in terms of commercial criminal law. The handbook takes up this finding by systematically unfolding the criminal law of medicine in three parts: medical criminal law, commercial criminal law and pharmaceutical criminal law. Bijan Fateh-Moghadam's contribution on pages 483-520 deals with the criminal law risks of organ transplantation. Beyond the criminal law of the individual doctor-patient relationship, transplantation medicine touches on fundamental problems of criminal law that require an interdisciplinary approach. Four fields of action of organ transplantation are examined in more detail, each of which is associated with specific criminal law dogmatic and fundamental theoretical questions: post-mortem organ donation, living organ donation, organ trafficking and organ distribution. The print edition of the handbook, edited by Frank Saliger and Michael Tsambikakis, can be ordered via this link.

ZRP Contribution to triage

Debate contribution by Bijan Fateh-Moghadam and Thomas Gutmann

Planned regulation of triage - a farce to protect fundamental rights

Bijan Fateh-Moghadam criticizes the German draft law on triage: The regulation anchored in the Infection Protection Act is the first legislative proposal in the history of the Federal Republic of Germany that postulates "survival of the fittest" as a principle. The debate article, written together with Thomas Gutmann, has been published in the latest issue of the Zeitschrift für Rechtspolitik (ZRP, issue 5, pp.130-132). You can read the article here.

ZiF Research Group Conference

29.06.2022 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the ZiF research group conference at Bielefeld University

ZiF research group "Economic and legal challenges in the context of smart products"

As part of the ZiF Research Group Conference "Legal Rules in the Age of Smart Products", which will take place at Bielefeld University from June 27 - 29, 2022 under the direction of Timo Rademacher (Hanover University) and Thomas Wischmeyer (Bielefeld University), Prof. Bijan Fateh-Moghadam will give a lecture on June 29, 2022 on the subject ""Where there is must, there must be no ought." - Towards Smart Technical Totalitarianism?".

The focus of the research group is to better understand the impact of legal measures in the digital age and at the same time the proliferation of smart products.

The conference will take place in hybrid form. For more information on the conference, please follow the link.

LMU Logos

29.04.2022 ¦ Presentation by Prof. Dr. Bijan Fateh-Moghadam

Triage: Normative controversies between medicine, ethics and law

Prof. Bijan Fateh-Moghadam will speak at the interdisciplinary research workshop of the Center for Ethics and Philosophy in Practice (ZEPP) at LMU Munich on current ethical and legal issues in triage. The online workshop will take place over two afternoons. On April 29 and May 13, 2022, both from 13:00 - 18:00 via Zoom. For further information, the program and application, please follow the link.

Conference proceedings Diversity in law

Contribution by Bijan Fateh-Moghadam on "Tolerance or neutrality?"

Conference proceedings "Diversity in law"

Diversity in law has many facets. The aim of a conference held at the University of Hamburg in summer 2019 was to take a closer look at the various dimensions, in other words to fan out the "diversity of diversity", so to speak, and to highlight different approaches and perspectives on it. But what lies behind the idea - or rather the ideas - of diversity in law? The anthology uses selected sub-disciplines of law to highlight various dimensions. Bijan Fateh-Moghadam's contribution on pages 32-51 deals with the subject of "Tolerance or Neutrality? On the history of ideas underlying the criminal law's handling of religious diversity". A digital offprint of the article can be requested via office-fateh-ius@unibas.ch. The print edition of the conference proceedings, edited by Milan Kuhli and Mareike Schmidt, can be ordered via this link.

Workshop: Reproductive medicine for all?

27. - 28.01.2022 | Digital workshop on the Reproductive Medicine Act (FMedG)

Workshop: Reproductive medicine for all?

The Centre for Life Sciences Law of the Faculty of Law of the University of Basel, in cooperation with the research focus "Human Reproduction Reloaded" of the University of Zurich, is organizing a digital workshop in which the key points of a modernized FMedG will be discussed and presented to an interested specialist audience. The first part will address the question of whether the access restrictions to reproductive medicine enshrined in the current FMedG, such as the restriction to opposite-sex couples, should be maintained or whether there are good reasons for lifting these restrictions. The second part of the workshop is dedicated to the question of the legitimacy of numerous punishable bans on special reproductive procedures such as egg donation or surrogate motherhood. With the new possibilities of genome editing through the so-called CRISPR gene scissors, the absolute ban on germline therapy is also coming under pressure to be legitimized.
Please also note the pre-opening event on 26 January 2022 on the subject of "The desire to have children without limits?" with philosopher and journalist Dr. Barbara Bleisch. Below you will find the link to the application as well as flyers for download

#iuscoronae - Symposium proceedings

Contribution by Bijan Fateh-Moghadam on the triage guidelines

#iuscoronae - Symposium proceedings

The conference proceedings provide a snapshot of the papers presented at the online symposium #iuscoronae on May 3, 2021. The volume presents the diversity of the researches carried out at the Faculty of Law of the University of Basel. The contributions shed light on the legal situation in the crisis from different perspectives: While numerous constitutional law issues are discussed from a criminal, social and, of course, constitutional law perspective, fundamental questions of contract law and interdisciplinary discourse are also discussed. The 1st edition of the conference proceedings, edited by Kurt Pärli and Tabea R. Weber-Fritsch, can be ordered via the following link. The contribution by Bijan Fateh-Moghadam on pages 79-100 deals with the subject of "Triagerichtlinien: Translation problems between medicine, ethics, economics and law" and can be downloaded via the full text version.

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04.11.2021 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the Institute of Criminology at the University of Hanover

Lecture series "Criminal law in the crisis"

On November 4, 2021, Prof. Bijan Fateh-Moghadam will give a lecture on the subject of "The fair distribution of chances of survival as a challenge for criminal law" as part of the lecture series "Criminal Law in Crisis". These and other aspects of criminal law in crisis situations will be covered in the lectures.
The lecture series will take place in hybrid form. Follow the link and scroll down on the page of Leibniz Universität Hannover. There you will find the WebEx link to participate.

Practical Commentary StGB Trechsel/Pieth, 4th edition

Contribution to the practical commentary by Bijan Fateh-Moghadam

Swiss Criminal Code, Practical Commentary 4th edition

The 4th edition of Praxiskommentar Schweizerisches Strafgesetzbuch, edited by Stefan Trechsel and Mark Pieth, has been published. A hand-picked small team of authors provides concise commentary on the provisions of the General and Special Sections in one volume and takes into account current case law. The commentary is rich in casuistry and, where appropriate, lists the conflicts and delimitations. Cleverly placed highlights enable targeted and thus efficient consultation. The 4th edition takes up various innovations of recent years and reflects current case law. With the support of my team, I have newly commented on Art. 1, 10-13 and 19-21 StGB.

The practical commentary can be ordered via this link.

SwitchTube Logo

Switchtube Channel by Prof. Dr. Bijan Fateh-Moghadam

Video podcast for the Sociology of Law lecture in HS 2021

A video podcast synchronized with the lecture slides will be provided for the Sociology of Law lecture from September 2021. You will find the individual podcasts shortly after the lecture on Prof. Fateh-Moghadam's video channel. To access the video, please follow the link.

Switch logo

Switchtube Channel by Prof. Dr. Bijan Fateh-Moghadam

Video podcast for the lecture on medical criminal law in HS 2021

From September 2021, a video podcast synchronized with the lecture slides will be provided for the lecture on medical criminal law. You will find the individual podcasts shortly after the lecture on Prof. Fateh-Moghadam's video channel. To access the video, please follow the link.

Anthology Transformative Technologies

May 2021 ¦ Anthology edited by Bijan Fateh-Moghadam and Herbert Zech

Anthology "Transformative Technologies"

The anthology "Transformative Technologies - Interactions between Technical and Legal Change" has been published on the occasion of the lecture series of the doctoral program "Law in Transition" at the Faculty of Law of the University of Basel. The contributions originate from the lecture series "Transformative Technologies" in the autumn semester 2018 and were supplemented by contributions from the follow-up event "Artificial Intelligence in Law" originally planned for 2019, which was postponed to the spring semester 2021.

The anthology can be ordered via this link.

Lecture series Artificial Intelligence Poster

6.4 - 4.5.2021 ¦ Lecture series Artificial Intelligence in Law ¦ University of Basel, Faculty of Law, Online

Artificial intelligence and its consequences

The new technologies of "artificial intelligence" (AI) will change economics, society and the law in the future. On the one hand, this raises expectations and hopes, but also fears and concerns. The lecture series "Artificial Intelligence in Law" examines the ethical and legal consequences of the use of AI from various specialist perspectives. Computer scientist Prof. Dr. Malte Helmert will kick things off with the question: "Can we trust artificial intelligence?" The lecture series will be held as a Zoom webinar. Registration is required for participation.


You can find the registration link here: more

Audio podcast for the lecture Philosophy of Law

SWITCHtube channel by Prof. Dr. Bijan Fateh-Moghadam

Lectures of the lecture series "Artificial Intelligence in Law"

The recordings of the lectures of the doctoral program "Artificial Intelligence in Law" are now available. You can find the individual videos on Prof. Fateh-Moghadam's video channel on the Wednesday after the lecture series. To access the videos, please follow the link.

Book contribution on triage in the pandemic

Contribution to the anthology by Bijan Fateh-Moghadam and Thomas Gutmann

Equality before triage 2.0

In the anthology "Triage in the Pandemic" edited by Tatjana Hörnle, Stefan Huster and Ralf Poscher, a greatly expanded version of the Verfassungsblog article of the same name, VerfBlog, 2020/4/30, https://verfassungsblog.de/gleichheit-vor-der-triage by Bijan Fateh-Moghadam and Thomas Gutmann on the legal framework for prioritizing Covid-19 patients in intensive care medicine has been published.
A digital offprint of the article can be requested via office-fateh-ius@unibas.ch. The link to the anthology can be found here.

Audio podcast for the lecture Philosophy of Law

SWITCHtube channel by Prof. Dr. Bijan Fateh-Moghadam

Video podcast for the Philosophy of Law lecture in FS 2021

A video podcast synchronized with the slides will be provided for the Philosophy of Law lecture from March 2021. You will find the individual podcasts on Prof. Fateh-Moghadam's video channel on Thursday evening, at the latest by Friday. To access the video, please follow the link.

Pending letter

In January 2021

Bijan Fateh-Moghadam supports the initiative: "Pending letter: StopCovid"

Those affected by coronavirus are calling for an immediate change of course from the members of the Federal Council. For more information, please follow the link.

Lecture series on digitization

28.09.2020 ¦ Lecture by Prof. Dr. Bijan Fateh-Moghadam at the University Hospital Basel, Center for Teaching and Research (ZLF), Hebelstrasse 20, 4056 Basel ¦ Large lecture hall

"Digital Risk Literacy: Ethical and legal challenges of the digital transformation"

Project Digital Literacies is organizing a lecture series on the challenge of digitalization in the autumn semester 2020.
Digitalization is changing all areas of society, politics, economics and academics. But what exactly does that mean? The lecture series explores developments, presents concrete examples and provides assessments of the challenges facing the digital society and its universities.
In this context, Prof. Bijan Fateh-Moghadam gave a lecture on the subject of "Digital Risk Literacy: Ethical and Legal Challenges of Digital Transformation" on September 28, 2020. You can access the video recording of the lecture here.

BFM interviewed by University News

27.05.2020 ¦ Prof. Dr. Bijan Fateh-Moghadam in an interview with the editors of University News, Basel

Covid-19 and intensive care: "We need a public debate on the fair distribution of life-saving resources"

The healthcare system in Switzerland is preparing for the eventuality that insufficient resources are provided for the treatment of patients with life-threatening illnesses. Who should be given a ventilation place? Should the treatment of one patient be discontinued in favor of another with a better chance of survival? As there are currently no legal requirements, the SAMS guidelines on the triage of Covid-19 patients are intended to provide guidance. Read the interview with the editors of University News here.

Coronavirus

30.04.2020 ¦ A contribution by Prof. Dr. Bijan Fateh-Moghadam, Faculty of Law at the University of Basel, and Prof. Dr. Thomas Gutmann, Faculty of Law at the University of Münster

"Equality before triage"

In their article in the "Verfassungsblog" (https://verfassungsblog.de/), Bijan Fateh-Moghadam and Thomas Gutmann examine the legal framework for the prioritization of highly urgent COVID-19 patients in intensive care medicine. They come to the conclusion that both the relevant guidelines of the Swiss Academy of Medical Sciences (SAMS) and the recommendations of the German Interdisciplinary Association for Intensive Care and Emergency Medicine (DIVI) are incompatible with elementary constitutional and criminal law requirements.
You can find the full blog post here.

Video icon

Video channel by Prof. Dr. Bijan Fateh-Moghadam

Video podcast for the Sociology of Law lecture

A video podcast synchronized with the slides is now available for the Sociology of Law lecture. You can find the individual podcasts from Tuesday after the lecture on Prof. Fateh-Moghadam's video channel: To access the video, please follow the link.

University of Zurich Center of Excellence Medicine Ethics Law

10.12.2019 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the University of Zurich, Faculty of Law

Public lecture series "Biomedical law in the digital revolution"

The doctoral program Biomedical Ethics and Law / Law Track is holding a public lecture series entitled "Biomedical law in the digital revolution" at the University of Zurich in the autumn semester of 2019. As part of the lecture series, various perspectives on current developments in human research will be taken. Prof. Bijan Fateh-Moghadam will give a lecture on 10 December 2019 on the subject of "Self-determination in digitalized biomedicine".

You can find the lecture program here.

Orient in Basel 22.10.2019

22.10.2019 ¦ Panel discussion in cooperation with the Law and Religion Research Center of the University of Basel in the great hall of the Kollegienhaus (main building)

Lecture series "Orient in Basel"

To mark the 100th anniversary of the Department of Middle Eastern Studies at the University of Basel, the lecture series "Orient in Basel" will take place in the fall semester of 2019. Reinhold Bernhardt, Bijan Fateh-Moghadam and Amira Hafner-Al Jabaji will discuss the subject of "Niqab and Burka: Too much Orient in Basel?" at the event moderated by Hannan Salamat in order to bring Islamic studies, theology and law perspectives into conversation and thus contribute to the objectification of the political discussion. You can find the program of the lecture series here.

House of the Leibniz Association Berlin

11.09.2019 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the Haus der Leibniz-Gemeinschaft Berlin

Conference "Ethics, Law and Communication of Genome Editing"

During the interdisciplinary conference on the ethical, legal and communication science aspects of genome editing in green and red genetic engineering, Prof. Bijan Fateh-Moghadam will give a guest lecture on 11.09.2019 on the subject "Genome Editing as a Transformative Technology? - On the relationship between technical and legal change". Organized by the BMBF-funded research network GenomELECTION. For current information please follow the link.

Logo University of Hamburg

26./27.08.2019 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the Warburg-Haus Hamburg

Conference "Diversity in law"

From 26 - 27 August 2019, Universität Hamburg will be holding a conference on the subject of "Diversity in Law" from the perspective of legal theory and comparative law. Providing uniform rules for a heterogeneous society has always been one of the central challenges of law. Prof. Bijan Fateh-Moghadam will give a lecture in Panel III: "Culture and Religion in Law" entitled "Tolerance or Neutrality? On the historical foundations of criminal law's approach to religious diversity".

You can find the program here.

IVR logo

The 29th World Congress of the IVR will take place in Lucerne from July 7-13, 2019 ¦ Special Workshop: Transformative Technologies: Towards a Theory of the Interdependency between Technological and Legal Evolution

Call for Papers IVR 2019

Prof. Bijan Fateh-Moghadam is organizing together with Prof. Anna Petrig, Dr. Marta Bo LL.M. and Carl Jauslin the IVR-Special Workshop: "Transformative Technologies: Towards a Theory of the Interdependency between Technological and Legal Evolution" at the World Congress of the International Association for Philosophy of Law and Social Philosophy in Lucerne.

For more information visit the website: https://www.ivr2019.org/

Law & Robots

06.06.2019 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the Faculty of Law Basel ¦ WWZ Auditorium

Law & Robots Workshop 2019

Everything app - healthy, happy, durable? Opportunities, risks and side effects of mobile health from a legal perspective. Under the direction of Prof. Sabine Gless and Prof. Kurt Pärli, Prof. Bijan Fateh-Moghadam will give a lecture on the subject of "Mobile Health Apps as a Fundamental Legal Challenge". The conference will focus primarily on the legal significance of these new technologies - from fundamental considerations to specific data, insurance and employment law issues. Further information can be found in the flyer.

Logo Uni Hannover

30.05.2019 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the Institute of Criminology at the University of Hanover

38. Criminal law teachers' conference 2019

Prof. Bijan Fateh-Moghadam will give a lecture on the subject of "Innovation responsibility in criminal law: Between strict liability, negligence and permissible risk" at the 38th Criminal Law Teachers' Conference 2019, which will take place from 30.05. - 02.06.2019 at the Kirminal Science Institute of the University of Hanover. Further information can be found at: https://www.strafrechtslehrertagung2019.uni-hannover.de/

Company logo Münch Singh Attorneys at Law

10.05.2019 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the IBM Client Center, Vulkanstrasse 106, 8048 Zurich

Digitization of criminal and criminal procedural law

Under the direction of attorney Gregor Münch, lic. iur., partner at the law firm MÜNCH SINGH, Prof. Bijan Fateh-Moghadam will give a lecture on the subject of "The digitalization of criminal law - The relationship between technical and legal change". Each presentation will be followed by a short debriefing, moderated by Prof. Dr. Nora Markwalder. Further information can be found in the flyer.

The Spirit of Bern 2019

28.02.2019 ¦ Prof. Bijan Fateh-Moghadam moderates a break-out session from 8.30 am to 10.00 am ¦ Congress & Kursaal, Kornhausstrasse 3, 3000 Bern 25

The Spirit of Bern 2019

The fourth edition of Spirit of Bern on 28.02.2019 is dedicated to demography and its challenges for society. Prof. Bijan Fateh-Moghadam will moderate the break-out session 3 together with Prof. Oliver Mühlemann: "CRISPR/Cas9 - editing the genome with copy and paste?" For more information, please follow the link.

LMU Logos

14.01.2019 ¦ Lecture by Prof. Bijan Fateh-Moghadam at the LMU Munich ¦ Faculty of Social Sciences ¦ Institute of Sociology

Munich Theory Talks 2019

On January 14, 2019, Prof. Bijan Fateh-Moghadam will give a lecture as part of the Munich Theory Talks at LMU Munich on the subject of "The algorithm knows best? Legal limits of "smart" technological paternalism. (At the same time a contribution to translation conflicts between technology and law)". For more information, visit the website: https://www.ls1.soziologie.uni-muenchen.de

Basel Chamber of Commerce

08.01.2019 ¦ The doctoral program "Law in Transition" in the media and economics ¦ Basel Chamber of Commerce ¦ Interview with Prof. Bijan Fateh-Moghadam

Euthanasia for cyborgs

In an interview for the Basel Chamber of Commerce, Prof. Bijan Fateh-Moghadam comments on the extent to which technological developments in biomedicine and information technology pose new challenges to traditional jurisdiction. Read the article from January 8, 2019

Logo lecture series

2.10 - 18.12.2018 Lecture series of the doctoral program "Law in Transition"

Lecture series of the doctoral program "Law in Transition"

The doctoral program "Law in Transition" organizes the public lecture series on the general topic "Transformative Technologies". Further information can be found in the flyer. Location: Old University of Basel, lecture hall 101, Rheinsprung 9, 4051 Basel

Uni Nova issue 132/2018

An article in UNI NOVA ¦ Issue 132 / 2018 ¦ Interview with Prof. Bijan Fateh-Moghadam

The veil, a criminal offense?

In an interview with Tobias Ehrenbold, an editor of UNI NOVA, the science magazine of the University of Basel, Prof. Bijan Fateh-Mohadam comments on the question of whether a general ban on veiling is compatible with the liberal Federal Constitution.

SRF context program: "Are we creating the perfect human being?"

Radio SRF 2 Culture

Report on SRF2 Kultur radio "Are we creating the perfect human being?"

Discussion on genetic engineering in humans with Anna Deplazes, ethicist, Bijan Fateh-Moghadam, legal scholar and Gerald Schwank, molecular biologist. Listen to the interview from November 14, 2018 here.

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