On proportionality of punishments and the economic theory of crime
Sign Up to like & getrecommendations! Published in 2018 at "European Journal of Law and Economics"
DOI: 10.1007/s10657-016-9524-5
Abstract: Practitioners of the modern economic theory of crime acknowledge the influence of the eighteenth century writers Montesquieu, Beccaria, and Bentham, whose theories of crime and punishment clearly presaged the economic approach. An important value espoused… read more here.
Keywords: proportionality; proportionality punishments; theory crime; economic theory ... See more keywords
Proportionality, Determinate Intervention Effects, and High-Level Causation
Sign Up to like & getrecommendations! Published in 2024 at "Erkenntnis"
DOI: 10.1007/s10670-024-00859-8
Abstract: Stephen Yablo’s notion of proportionality, despite controversies surrounding it, has played a significant role in philosophical discussions of mental causation and of high-level causation more generally. In particular, it is invoked in James Woodward’s interventionist… read more here.
Keywords: proportionality; high level; level; intervention effects ... See more keywords
Putting Proportional Punishment into Perspective
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DOI: 10.1007/s11572-024-09736-5
Abstract: Much has been written about how we should understand proportional punishment. A standardised sentence may, in the presence of pre-existing disadvantage, produce morally significant additional harms. Others argue that modifying a standard punishment to avoid… read more here.
Keywords: proportionality; proportional punishment; punishment perspective; punishment ... See more keywords
Proportionality at the Resolution Stage: Calibration of Resolution Measures and the Public Interest Test
Sign Up to like & getrecommendations! Published in 2019 at "European Business Organization Law Review"
DOI: 10.1007/s40804-019-00143-1
Abstract: By their very nature, resolution actions under the legal framework for the management of bank insolvencies created by the European Bank Recovery and Resolution Directive (BRRD) and the Regulation establishing the Single Resolution Mechanism (SRMR)… read more here.
Keywords: resolution; bank; proportionality; interest test ... See more keywords
The case for replicable structured full proportionality analysis in all cases concerning fundamental rights
Sign Up to like & getrecommendations! Published in 2018 at "Legal Studies"
DOI: 10.1017/lst.2018.18
Abstract: Abstract Proportionality has been testing the judiciary for decades. However, a single replicable model of proportionality has not been consistently applied by the courts. This paper explores the differential application of proportionality in English law.… read more here.
Keywords: proportionality; replicable structured; concerning fundamental; fundamental rights ... See more keywords
Resolving the Question of Inter-Scalar Legitimacy into Law? A Hard Look at Proportionality Balancing in Global Governance
Sign Up to like & getrecommendations! Published in 2018 at "Leiden Journal of International Law"
DOI: 10.1017/s0922156518000390
Abstract: Abstract In this article, I examine the attempt to apply proportionality balancing (PB) to the co-ordination of the relations between governance regimes, which I call ‘inter-scalar PB’, from the perspective of competing institutional arrangements of… read more here.
Keywords: proportionality; law; inter scalar; governance ... See more keywords
Proportionality and precaution
Sign Up to like & getrecommendations! Published in 2025 at "Global Constitutionalism"
DOI: 10.1017/s2045381725000085
Abstract: During the COVID-19 pandemic, governments worldwide invoked the ‘precautionary principle’ to justify policies designed to protect public health. This principle holds that the state may act proactively to avert harm where there is factual uncertainty… read more here.
Keywords: proportionality precaution; proportionality; court; principle ... See more keywords
Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights
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DOI: 10.1093/hrlr/ngad014
Abstract: I argue that a form of indirect utilitarianism can provide a sufficiently plausible justification for three crucial elements of the ECtHR’s doctrine of proportionality to be taken seriously as an account of this doctrine. I… read more here.
Keywords: proportionality; stringency utility; court; human rights ... See more keywords
Rights, proportionality, and process in EU counterterrorism lawmaking
Sign Up to like & getrecommendations! Published in 2021 at "International Journal of Constitutional Law"
DOI: 10.1093/icon/moab047
Abstract: Proportionality is a key principle of EU law. However, in spite of procedural requirements intended to ensure the full integration of proportionality as a design principle in EU law, the European Union continues to pass… read more here.
Keywords: rights proportionality; process counterterrorism; proportionality; counterterrorism ... See more keywords
Cost-benefit analysis in rights adjudication—An assessment in light of the proportionality debate: A reply to Yun-chien Chang and Xin Dai
Sign Up to like & getrecommendations! Published in 2021 at "International Journal of Constitutional Law"
DOI: 10.1093/icon/moab069
Abstract: In this article, we analyze Yun-chien Chang and Xin Dai’s proposal for replacing the proportionality test with cost-benefit analysis in their article “The Limited Usefulness of the Proportionality Principle.” We assess this proposal by considering… read more here.
Keywords: proportionality; cost benefit; benefit analysis;
A plea for proportionality: A reply to Yun-chien Chang and Xin Dai
Sign Up to like & getrecommendations! Published in 2021 at "International Journal of Constitutional Law"
DOI: 10.1093/icon/moab071
Abstract: After a survey of the proportionality principle and its discontents (irrationality, conceptual flaws, and bias), this article addresses the dual remedy proposed by proportionality critics, which consists in: (i) skipping the first to third prongs… read more here.
Keywords: proportionality reply; yun chien; proportionality; reply yun ... See more keywords