Theoretical foundation of criminal law

miri gur arye

Prof. Miriam Gur-Arye

Judge Basil Wunsh Chair of Criminal Law
Room 222
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Miriam Gur-Arye is a Full Professor at the Hebrew University Law School where she holds the Judge Basil Wunsh chair of criminal law. She obtained an Ll.B. degree (first in class) and Dr. Jur. at the Hebrew University (summa cum laude). She clerked for the (then) president of the Israeli Supreme Court, Yoel Sussman, before becoming a member of the Israeli Bar Association. Professor Gur-Arye’s primary area of research and teaching is Substantive Criminal Law. She has published extensively, including a book on “actio libera in causa in criminal law”. Her many articles, focus on the theoretical foundations of the criminal law, criminal law defences, constitutional constraints on criminalization, the impact of moral panic on the criminal law, and sentencing disparities between ethnic groups from empirical perspective. She has received numerous awards and prizes, including, Sussman Prize for Best Legal Publication of the Year, Israel Bar Association Prize for Unique Academic Achievements, Cheshin Prize for Excellent Academic Achievements. Professor Gur-Arye has been a visiting scholar/processor at the University College, Oxford, England; University of California Berkeley, USA; New York University, NY, USA; King's College, London UK; CTLS (Center for Transnational Legal Studies), London, England (once as co-director). She was elected twice to conduct a research at the Israeli Institute of Advance Studies (once as a research group organizer). Professor Gur-Arye has held many senior academic and administrative positions at the Hebrew University, among which are Authority for Research Students in Humanities, Social Sciences and Law (Chair); Sacher Institute for Legislative Research (Director); Vice-Dean; Vice-Rector; Selection and Appointment Committee, Faculty of Law (Chair);) Hebrew University Committee for Academic Policy; Hebrew University Steering Committee (Senate representative); Hebrew University Highest Promotions Committee; Hebrew University Professorial Promotions Committee.



 LL.B. Faculty of Law, Hebrew University (first in class) (1975) 

D. Jur. Faculty of Law, Hebrew University (summa cum laude) (1981) 


Representative publications

A Book

Actio Libera in Causa in Criminal Law, (Harry Sacher Institute, Hebrew University, Jerusalem 1984) 103 pp. (in English)


Articles in refereed journals

"Justifying the Distinction between Justifications and Power", 5JOURNAL OF CRIMINAL LAW AND PHILOSOPHY293-313 (2011)

“Human Dignity of Offenders: a Limitation on Substantive Criminal Law”, 6 Journal of Criminal Law and Philosophy 187-205 (2012)

"The Impact of Moral Panic on the Criminal Justice System – Hit-and-Run Traffic Offenses as a Case Study", 20(2) New Criminal Law Review, 309-353 (2017)

"The Legitimacy of Judicial Responses to Moral Panic: Perceived vs. Normative Legitimacy", 37(2) CRIMINAL  JUSTICE ETHICS  2018 

"Social Solidarity and Sentencing Disparities between Ethnic Groups: The Case of Hit-and-Run Traffic Offenses" (with Roni Factor) 17(1) JOURNAL OF EMPIRICAL LEGAL STUDIES 164–185, (March 2020). DOI:10.1111/jels.12245


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