Results for 'Proportionality in law'

973 found
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  1.  17
    Proportionality in Law: An Analytical Perspective.David Duarte & Jorge Silva Sampaio (eds.) - 2018 - Cham: Springer Verlag.
    This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. (...)
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  2.  20
    Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice.Mordechai Kremnitzer, Talya Steiner & Andreja Lang (eds.) - 2020 - New York: Cambridge University Press.
    Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis (...)
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  3.  7
    Proportionality in international law.Michael A. Newton - 2014 - New York, NY: Oxford University Press. Edited by Larry May.
    Introduction -- What is proportionality? -- Proportionality : a multiplicity of meanings -- Proportionality in the just war tradition -- Proportionality in international humanitarian law -- Proportionality in human rights law and morality -- The uniqueness of jus in bello proportionality -- Countermeasures and counterinsurgency -- Human shields and risk -- Targeted killings and proportionality in law : two models -- The nature of war and the idea of "cyberwar" -- Thresholds of jus (...)
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  4.  12
    Revisiting proportionality in international and European law: interests and interest- holders.Ulf Linderfalk & Eduardo Gill-Pedro (eds.) - 2021 - Leiden, The Netherlands: Koninklijke Brill NV.
    This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role governing the exercise of public power in international law and has been presented as the 'ultimate rule of law'.
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  5.  7
    The concept of proportionality in public law.Franco Chung Wai Man - 2020 - Hong Kong: City University of Hong Kong.
    Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality (...)
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  6.  76
    Proportionality in International Law.Thomas M. Franck - 2010 - Law and Ethics of Human Rights 4 (2):231-242.
    Across a broad range of subjects, there is now wide agreement that the principle of proportionality governs the extent to which a provocation may lawfully be countered by what might otherwise be an unlawful response. That is the central role assigned to proportionality in international law and it is deeply rooted in the cultural history of societies. However, if the core institutions of a legal system are too weak to be relied upon to take remedial action against wrongdoers, (...)
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  7.  2
    What would it take? The potential and limits of proportionality analysis in law.Ralf Poscher - forthcoming - Jurisprudence:1-34.
    Proportionality has become one of the primary standards for violations of fundamental and human rights in various constitutional and international jurisdictions. Proportionality in the strict sense requires a comparison of the infringement of a right with the achievement of a state interest pursued by a measure. The incommensurability of the two is an often-raised challenge to this comparison. The Article does not adopt a fully-fledged sceptical stance. Instead, it looks to proportionality as a means of overcoming the (...)
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  8. The role of proportionality in international investment law and arbitration a system-specific perspective.Eric De Brabandere & Paula Baldini Miranda da Cruz - 2021 - In Ulf Linderfalk & Eduardo Gill-Pedro, Revisiting proportionality in international and European law: interests and interest- holders. Leiden, The Netherlands: Koninklijke Brill NV.
     
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  9.  31
    Proportionality in Punishment.Youngjae Lee - 2019 - In Larry Alexander & Kimberly Kessler Ferzan, The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 549-569.
    When the US Supreme Court decided in Graham v. Florida that the Cruel and Unusual Punishments Clause of the Eighth Amendment of the Constitution prohibits a sentence of life in prison without parole for a nonhomicide crime committed by a minor, it stated that “[t]he concept of proportionality is central to the Eighth Amendment” and that it is the “precept of justice that punishment for crime should be graduated and proportioned to [the] offense.” These statements make two claims—one legal (...)
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  10. Revisiting proportionality in internal market law looking at the unnamed actors in Thecjeu's reasoning.Ségolène Barbou des Places - 2021 - In Ulf Linderfalk & Eduardo Gill-Pedro, Revisiting proportionality in international and European law: interests and interest- holders. Leiden, The Netherlands: Koninklijke Brill NV.
     
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  11.  17
    Proportionality and the Rule of Law: Rights, Justification, Reasoning.Grant Huscroft, Bradley W. Miller & Grégoire C. N. Webber (eds.) - 2014 - New York, NY: Cambridge University Press.
    To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular (...)
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  12.  37
    Proportionality in Personal Life.Douglas Husak - 2021 - Criminal Law and Philosophy 15 (3):339-360.
    Efforts to apply the principle of proportionality to criminal sentences are notoriously problematic. But even though they are daunting, only a few legal philosophers believe we should give up trying to do so. Perhaps we can make progress overcoming some of the many legal difficulties by attending to how the principle is applied in non-legal contexts—that is, in contexts I call personal life. Proportionality, I believe, is an attractive principle in penal sentencing because it is an attractive principle (...)
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  13.  32
    Proportionality principles in American law: controlling excessive government actions.E. Thomas Sullivan - 2009 - New York: Oxford University Press. Edited by Richard S. Frase.
    Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been ...
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  14.  89
    Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike? [REVIEW]Tyrone Kirchengast - 2010 - Criminal Law and Philosophy 4 (2):197-213.
    The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account (...)
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  15.  81
    Proportionality in modern just war theory: A tort-based approach.Davis Brown - 2011 - Journal of Military Ethics 10 (3):213-229.
    Abstract This article lays a theoretical foundation the perspective of international law for applying the principle of proportionality of cause in modern just war theory. It proposes an analytical framework for measuring proportionality based on general tort law, filtered through the international law of state responsibility. It proposes assessing the use of force as a proportionate (or disproportionate) remediation for an injury (present or future) caused by another state that is in breach of its legal obligations. The article (...)
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  16. Proportionality in the Liability to Compensate.Todd Karhu - 2022 - Law and Philosophy 41 (5):583-600.
    There is widely thought to be a proportionality constraint on harming others in self-defense, such that an act of defensive force can be impermissible because the harm it would inflict on an attacker is too great relative to the harm to the victim it would prevent. But little attention has been given to whether a corresponding constraint exists in the ethics of compensation, and, if so, what the nature of that constraint is. This article explores the issue of (...) as it applies to the liability to compensate. The view that some perpetrators are not liable to pay full compensation because doing so would be disproportionately burdensome is clarified and defended, and it is asked what view we should adopt instead. A key step in that inquiry is an argument that someone is liable to bear the cost of compensating for an injury if and only if she would have been liable to bear that same cost in defense against that same injury ex ante. (shrink)
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  17.  3
    Proportionality in Its Place: Weighted Internal Deliberation.Ana Tanasoca - forthcoming - Res Publica:1-27.
    According to a well-known principle in democratic theory, all those whose interests are affected by a decision should have a say in it. ‘How much of a say?’ is the next question. One answer is the Proportionality Principle, according to which ‘people should have a say in a decision proportionally to the extent that their interests are affected by it’. It is often suggested that this principle should be implemented through weighted voting. This article considers an alternative: weighting as (...)
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  18.  35
    The constitutional structure of proportionality.Matthias Klatt - 2012 - Oxford, U.K.: Oxford University Press. Edited by Moritz Meister.
    Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
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  19.  23
    Proportionality: New Frontiers, New Challenges.Vicki C. Jackson & Mark V. Tushnet (eds.) - 2017 - Cambridge, United Kingdom ; New York, NY, USA: Cambridge University Press.
    With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality extend their prior work and engage in an important dialogue on the topic. Some offer (...)
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  20.  41
    Proportionality & Comparative Constitutional Law versus Studies.Rosalind Dixon - 2018 - The Law and Ethics of Human Rights 12 (2):203-224.
    The doctrine of proportionality has received sustained attention from comparative constitutional scholars. Yet it is an area where courts, and scholars, have made limited use of empirical or inter-disciplinary approaches to constitutional comparison. The article calls for a change in this practice as part of a broader call for greater dialogue between scholars and practitioners of conceptual and more empirical forms of constitutional comparison.
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  21.  13
    A critique of proportionality and balancing.Urbina Molfino & Francisco Javier - 2017 - New York: Cambridge University Press.
    The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against (...)
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  22.  23
    Unilateral Withdrawal, Technological Creep, and the Role of Proportionality in ECMO Policy.Brendan Leier & Gurmeet Singh - 2023 - American Journal of Bioethics 23 (6):68-70.
    There is a well-known American legal maxim, hard cases make bad law. If we agree that Mr. J’s case is hard, what lessons follow from the application of current ECMO guidelines and what kind of supp...
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  23.  15
    The principle of proportionality.Peter Hulsroj - 2012 - New York: Springer Verlag.
    The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.
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  24.  27
    Systematic review: bioethical implications for COVID-19 research in low prevalence countries, a distinctly different set of problems.Rohan Rodricks, Constance Law & Tony Skapetis - 2021 - BMC Medical Ethics 22 (1):1-8.
    BackgroundThe COVID-19 pandemic has presented extraordinary challenges to worldwide healthcare systems, however, prevalence remains low in some countries. While the challenges of conducting research in high-prevalence countries are well published, there is a paucity from low COVID-19 countries.MethodsA PRISMA guided systematic review was conducted using the databases Ovid-Medline, Embase, Scopus and Web of Science to identify relevant articles discussing ethical issues relating to research in low prevalence COVID-19 countries.ResultsThe search yielded 133 original articles of which only 2 fit the inclusion (...)
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  25. Federal proportionality review in EU law whose rights are they anyway?Darren Harvey - 2021 - In Ulf Linderfalk & Eduardo Gill-Pedro, Revisiting proportionality in international and European law: interests and interest- holders. Leiden, The Netherlands: Koninklijke Brill NV.
     
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  26.  28
    To Derogate or to Restrict? The COVID-19 Pandemic, Proportionality and the Justificatory Gap in European Human Rights Law.Alain Zysset - 2022 - Jus Cogens 4 (3):285-301.
    In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient fact (...)
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  27.  8
    Bi li yuan ze yan jiu: Yi ge xian zheng de shi jiao = Research on the principle of proportionality: a constitutionalism of study.Xin Jiang - 2008 - Beijing Shi: Fa lü chu ban she.
    本书内容包括:比例原则之界定,比例原则的回溯与前瞻,比例原则的理论基础,比例原则的功能与局限,比例原则于我国公法中适用的若干探讨.
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  28.  45
    Policing the Gaps: Legitimacy, Special Obligations, and Omissions in Law Enforcement.Katerina Hadjimatheou & Christopher Nathan - 2023 - Criminal Law and Philosophy 17 (2):407-427.
    The ethics of policing currently neglects to provide a framework for analysing the morality of deliberate inactions to prevent harm, even though these are often adopted tactically by police as a means of preventing greater harms. In this paper we argue (a) that police have special moral obligations to prevent harm, grounded both in a contractarian account of police legitimacy and in the interpersonal morality of associations and (b) that police are morally culpable for failures to fulfil these special obligations (...)
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  29.  37
    Global Constitutionalism and Its Legitimacy Problems: Human Rights, Proportionality, and International Investment Law.David Schneiderman - 2018 - The Law and Ethics of Human Rights 12 (2):251-280.
    How is legitimacy to be secured for constitution-like legal orders operating beyond the state? Some scholars recommend connecting aspects of global law to human rights adjudication and enforcement by adopting their preferred method for resolving conflicts, namely, proportionality analysis. Adopting a frame of analysis widely embraced by apex courts might generate the requisite regime legitimacy, it is argued. This turns out to be a strategy that is difficult to pursue in the realm of international investment law, a global legal (...)
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  30.  18
    Judge Simma's Separate opinion in the Oil Platforms case: to what extent are armed 'proportionate defensive measures' admissible in contemporary international law?Olivier Corten - 2011 - In Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer & Christoph Vedder, From Bilateralism to Community Interest: Essays in Honour of Judge Bruno Simma. Oxford University Press. pp. 843--861.
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  31.  9
    Equity in practice.Albert Keating - 2020 - Dublin: Clarus Press.
    The second edition of this volume is a comprehensive, practical and up-to-date analysis of the principles and rules of construction and post-probate issues, including how the courts interpret wills once they become the subject of litigation. This comprehensive work takes account of all recent case law-as well as new legislation such as the Land and Conveyancing Law Reform Act 2009-pertaining to trustees, trusts, trusts of land, and the amendments of the Rules of the Superior Courts by SI No 254 of (...)
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  32.  48
    In Bello Proportionality: Philosophical Reflections on a Disturbing Empirical Study.Stephen de Wijze, Daniel Statman & Raanan Sulitzeanu-Kenan - 2022 - Journal of Military Ethics 21 (2):116-131.
    A recent empirical study has argued that experts in the ethics or the law of war cannot reach reasonable convergence on dilemmas regarding the number of civilian casualties who may be killed as a side effect of attacks on legitimate military targets. This article explores the philosophical implications of that study. We argue that the wide disagreement between experts on what in bello proportionality means in practice casts serious doubt on their ability to provide practical real-life guidance. We then (...)
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  33.  89
    Thin or Thick? The Principle of Proportionality and International Humanitarian Law.Georg Nolte - 2010 - Law and Ethics of Human Rights 4 (2):245-255.
    Proportionality, as a concept, does not contain any inherent standards, but rather refers to a proper balance between all relevant factors. It is nevertheless necessary to make analytical distinctions that help identify the premises of its application within different contexts. This is particularly true for an area like international humanitarian law in which a proper focusing of the principle of proportionality is crucial. This article suggests that the distinction between a “thin” and a “thick” approach is a helpful (...)
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  34.  25
    Impact of Human Rights on Private Law in Lithuania and Other European Countries: Problematic Aspects.Solveiga Cirtautienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):77-90.
    The aim of this article is to investigate the problem how and to what extent human rights affect the relationships between private parties and what consequences this effect has for the development of private law in Lithuania and other European countries. Because Lithuanian legal doctrine lacks relevant research on this subject-matter, the author seeks to start and invoke the beginning of conceptual academic discourse on the matter. It is argued that despite the fact that in many countries the impact (whether (...)
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  35.  18
    Discontinuities in Criminal Law.Avlana K. Eisenberg - 2021 - Theoretical Inquiries in Law 22 (1):137-157.
    The law values fairness, proportionality, and predictability. Accordingly, in the context of criminal law, punishments should be carefully calibrated to reflect the harm caused by an offense and the culpability of the offender. Yet, while this would suggest the dominance of “smooth” input/output relationships—for example, such that a minuscule increase in culpability would result in a correspondingly small increase in punishment—in fact, the law is laden with “bumpy” input/output relationships. Indeed, a minuscule change in input (be it of harm, (...)
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  36.  65
    Proportionality and Just War.Gary D. Brown - 2003 - Journal of Military Ethics 2 (3):171-185.
    Despite its preeminent position in the just war tradition, the concept of proportionality is not well understood by military leaders. Especially lacking is a realization that there are four distinct types of proportionality. In determining whether a particular resort to war is just, national leaders must consider the proportionality of the conflict, i.e., balance the expected gain or just redress against the total harm likely to be inflicted by the impending armed action. This proportionality consideration is (...)
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  37. Tensions in a certain conception of just war as law enforcement.Jacob Blair - 2008 - Res Publica 14 (4):303-311.
    Many just war theorists (call them traditionalists) claim that just as people have a right to personal self-defense, so nations have a right to national-defense against an aggressive military invasion. David Rodin claims that the traditionalist is unable to justify most defensive wars against aggression. For most aggressive states only commit conditional aggression in that they threaten to kill or maim the citizens of the nation they are invading only if those citizens resist the occupation. Most wars, then, claimed to (...)
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  38.  73
    Proportionate taxation as a fair division of the social surplus: The strange career of an idea.Barbara H. Fried - 2003 - Economics and Philosophy 19 (2):211-239.
    The article considers a surprisingly resilient argument, going back to Adam Smith, for the fairness of proportionate taxation: that proportionate taxation represents the fair way to divide the surplus value produced by social cooperation among all of society's members. The article considers two recent variants on that argument, one by Richard Epstein in Takings and one by David Gauthier in Morals by Agreement. It concludes that the normative and empirical assumptions that underlie these, and all other variants, of the argument (...)
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  39.  35
    Distinction, Necessity, and Proportionality: Afghan Civilians’ Attitudes toward Wartime Harm.Janina Dill - 2019 - Ethics and International Affairs 33 (3):315-342.
    How do civilians react to being harmed in war? Existing studies argue that civilian casualties are strategically costly because civilian populations punish a belligerent who kills civilians and support the latter's opponent. Relying on eighty-seven semi-structured interviews with victims of coalition attacks in Afghanistan, this article shows that moral principles inform civilians’ attitudes toward their own harming. Their attitudes may therefore vary with the perceived circumstances of an attack. Civilians’ perception of harm as unintended and necessary, in accordance with the (...)
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  40. Proportionality and Self-Defense.Suzanne Uniacke - 2011 - Law and Philosophy 30 (3):253-272.
    Proportionality is widely accepted as a necessary condition of justified self-defense. What gives rise to this particular condition and what role it plays in the justification of self-defense seldom receive focused critical attention. In this paper I address the standard of proportionality applicable to personal self-defense and the role that proportionality plays in justifying the use of harmful force in self-defense. I argue against an equivalent harm view of proportionality in self-defense, and in favor of a (...)
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  41. Human dignity and proportionality : deontic pluralism in balancing.Mattias Kumm & Alec D. Walen - 2014 - In Grant Huscroft, Bradley W. Miller & Grégoire C. N. Webber, Proportionality and the Rule of Law: Rights, Justification, Reasoning. New York, NY: Cambridge University Press.
     
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  42.  33
    Over my dead body: Self-determination, proxy consent, and proportionate reason in the treatment of a Jehovah's Witness patient with severe traumatic hemorrhagic shock.Reginald Alouidor, Peter A. DePergola, Milagros Lopez-Garena, Yasmin Bungash, Edward Kelly & Nicolas Jabbour - forthcoming - Clinical Ethics:147775092110345.
    When a Jehovah’s Witness patient is traumatically injured, the lack of uniform professional consensus guidelines and the cultural knowledge deficit of many clinicians adds an additional layer of legal and ethical complexity to the inherent difficulty of managing a critically ill patient. We present here the case of an incapacitated Jehovah's Witness patient with severe traumatic hemorrhagic shock. We go on to discuss the historical and contemporary case law on proxy refusal of blood transfusion for the incapacitated adult, as well (...)
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  43.  49
    Proportionality: from the Concept to the Procedure.Artūras Panomariovas & Egidijus Losis - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):257-272.
    The present paper deals with an investigation of the conception and development of the idea (principle) of proportionality, the variety of concepts and the procedure for the verification of the principle of proportionality. The genesis of the conception of coercive measures is studied by reviewing the process of the formation of the current principle of proportionality manifested in the historical sources of the law of Prussia, Germany, and the evolution of the principles consolidated in them. The principle (...)
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  44.  10
    Classifying proportionality - identification of a legal argument.Kilian Lüders & Bent Stohlmann - forthcoming - Artificial Intelligence and Law:1-28.
    Proportionality is a central and globally spread argumentation technique in public law. This article provides a conceptual introduction to proportionality and argues that such a domain-specific form of argumentation is particularly interesting for argument mining. As a major contribution of this article, we share a new dataset for which proportionality has been annotated. The dataset consists of 300 German Federal Constitutional Court decisions annotated at the sentence level (54,929 sentences). In addition to separating textual parts, a fine-grained (...)
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  45. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
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  46.  94
    Incommensurability, Proportionality, and Rational Legal Decision-Making.Paul-Erik N. Veel - 2010 - Law and Ethics of Human Rights 4 (2):178-228.
    Courts frequently engage in the weighing of competing values; perhaps most obviously, such balancing constitutes an integral aspect of proportionality analysis in many states’ constitutional law. However, such balancing raises a difficult theoretical question: What does it mean that one value “outweighs” another in any particular case? If the values at issue are incommensurable — as they often will be — such balancing may appear to break down. As Justice Scalia has stated, balancing in the presence of incommensurable values (...)
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  47.  16
    Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse.Jacco Bomhoff - 2013 - New York: Cambridge University Press.
    The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in (...)
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  48. Proportionality and Principled Balancing.Aharon Barak - 2010 - Law and Ethics of Human Rights 4 (1):1-16.
    This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests, taking into account the importance of the rights and the type of restriction. (...)
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  49. Proportionality and human rights protection in international investment arbitration what's left hanging in the balance?Daria Davitti - 2021 - In Ulf Linderfalk & Eduardo Gill-Pedro, Revisiting proportionality in international and European law: interests and interest- holders. Leiden, The Netherlands: Koninklijke Brill NV.
     
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  50. Proportionality and deference in a culture of justification.David Dyzenhaus - 2014 - In Grant Huscroft, Bradley W. Miller & Grégoire C. N. Webber, Proportionality and the Rule of Law: Rights, Justification, Reasoning. New York, NY: Cambridge University Press.
     
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