Projects

Departmental projects

Neuroscience and criminal Law
Current challenges in neurobiology concern not only the classical question of the true freedom of the human being ("freedom of will") as the basis of his "culpability", but also the concrete limits of the "core area of human personality" in case of possible future use of neurobiological possibilities like information acquisition for the purpose of criminal prosecution as well as for criminal sanctioning.

Self-determination and care at the end of life
Concerns about medical paternalism towards patients who are incapable of giving consent have strongly promoted the idea of "patient autonomy" and the implementation of legal precautionary instruments (through living wills, health care proxy or care proxy). However, it remains an open question, how this strengthening of the right to self-determination can be prevented from cutting the bonds of "therapeutic partnership," especially in palliative care. The call for a general dialogue is certainly a proper, but probably insufficient response.

Organ transplantation
The prevailing shortage of organs intrudes the question of a possible need for reform of both the currently valid conditions of admissibility (post-mortem: "extended consent solution"; living donation: section 8 of the transplantation law (TPG)) and the procedural implications for organ procurement. At the same time, the current reform debate is under the influence of a growing wave of criticism on the current criteria of the brain death.

"Collusion" in criminal proceedings
The new provision of Section 257c of the German Code of Criminal Procedure (StPO) gives practitioners of the criminal law considerable leeway as on how the tension between the desired acceleration and the preservation of the principle of clarification is to be specifically balanced in each individual case. It is the task of criminal procedural jurisprudence to concretize the general clause-like requirements of the legislature and to counteract an abuse of power through dogmatic rule formation.

"HAbitus in long-Term care for people with dementia (HALT)"
The research project "HALT" of the philosophical-theological university of Vallendar uses the example of two elderly care facilities specialized in the care of people with dementia to investigate, by means of qualitative empirical social research, which primary socializing, professional socializing and/or contextual factors stand in the way of or support a professional habitualization of a person-centered care practice and thus a change in the culture of care ("culture change"). In this context, (research-)ethical and legal questions arise consistently, which Prof. Duttge helps to answer in the context of a professional-scientific mentoring.

Third-funding projects

"Organ donation after cardiovascular arrest"
The prevailing organ shortage in the Federal Republic of Germany (DSO 2022 report) pushes the question of a possible need of a reform. In this context, not only the consent/opposition solution is discussed, but also in particular the brain death criterion applicable in this country. Other countries (e.g. the United Kingdom, the Netherlands, Spain) already transplant after established cardiovascular death (Donation after Circulatory Death - DCD). DCD accounts for between 30%-60% of post-mortem organ donation in these countries. Accordingly, the question arises to what extent the introduction of such donation after cardiovascular death (DCD) could also be recommended in Germany. The commission composed of experts from the legal sciences, medicine and medical ethics of the Georg-August-University and the University Medical Center Göttingen will use its interdisciplinary expertise to develop basic principles and analyses for this debate. The final project conclusion is planned for 2025 and will include a public presentation of the results.