fellow
Dr. Alexandra Windsberger

Alexandra Windsberger

2024-2025
2025-2026
2026-2027
Discipline(s)
Law; Philosophy
Theme(s)
Cities & States; Contemporary violence & Justice; Human Rights; Inequalities, inclusion & Social Innovation; Peace & conflict; Public Policies
Fellowship dates
Biography

Alexandra Windsberger is an interdisciplinary legal scholar who builds a bridge between criminal law and analytical philosophy by first exploring the philosophical dimensions of “omission” in order to ultimately draw conclusions about the fundamental dogmatic structures of criminal law. The focus is on the question of under what circumstances human omission or failure to fulfill obligations may be punished with the sharpest sword of a state, namely criminal punishment. In addition to this basic research, her research focuses on medical and economic criminal law as well as comparative criminal law. 

Research Project
Must I? A dogmatic, comparative law and philosophical analysis of punishable omission

The project deals with a question that ultimately concerns us all: when, why and to what extent do we actually have to help and stand up for each other and under what conditions can omissions be punished with a criminal penalty - the sharpest sword of a state?
This requires a fundamental understanding of the legal and philosophical dimensions of the category of action "omission", which is to be developed in this project. A philosophical deepening is at the same time the basis for a comparative legal expansion. In this context, the criminal law solutions in cases of omission depend heavily on the theory of crime in discourse with the concepts of legal philosophy used in a state. This requires a comparative analysis within and outside Europe. The comparative work will deal with different concepts of the state and, from this perspective, analyze the state of interdependencies between legal theory and philosophical concepts. The aim is not to map the dogmatic lines in different countries; the aim is to facilitate an international dialog between experts from law and philosophy in order to recognize the interdisciplinary and comparative dimensions of the conditions of imputation for omissions in order to draw conclusions for basic dogmatic structures in criminal law.

Research Interests:

Criminal law; medical criminal law; economic criminal law; comparative criminal law; Analytical Philosophy