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The Principle of Proportionality in an Era of High Technology [PDF]

SSRN Electronic Journal, 2018
This chapter explores the application of a key principle of the law of armed conflict—proportionality—in the context of new and emerging weapons systems and methods of warfare.
Jack M. Beard
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Challenging the principle of proportionality

Journal of Medical Ethics, 2016
The first objective of this article is to examine one aspect of the principle of proportionality (PP) as advanced by Alan Gewirth in his 1978 bookReason and Morality Gewirth claims that being capable of exercising agency to some minimal degree is a property that justifies having at least prima facie rights not to get killed.
A. Andersson
semanticscholar   +4 more sources

Principle of proportionality as a threat to criminal-law-related fundamental rights

New Journal of European Criminal Law, 2023
The article argues that the principle of proportionality—a legal tool widely used for balancing competing rights—can be perceived as a threat to criminal-law-related fundamental rights, i.e.
E. Śliwiński
semanticscholar   +1 more source

Principle of Proportionality of Contractual Penalty in Arbitral Awards in Russia

Journal of Korea Trade, 2023
Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation

semanticscholar   +1 more source

The application of the legal principle of proportionality in the practice of social work

European Journal of Social Work, 2022
One integral aspect of the ambivalent profession of social work is maintaining the balance between help and control. Especially in situations in which clients or those around them are endangered, control approaches become not only legitimate, but ...
Radka Janebová
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Nudging and the Principle of Proportionality

, 2015
While the ethics and politics of nudging have received a great deal of attention, the legality of non-coercive interventions aimed at changing human behaviour has not been the object of much study. In this contribution, I examine firstly which limits, if any, the principle of proportionality (‘Verhaltnismasigkeitsgrundsatz’) as applied by the German ...
Marko Schweizer
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The principle of proportionality

Chinese Language & Discourse, 2020
In Mandarin conversation, utterances about future actions with severe consequences are observed to correlate with bigger promises, marked by devices indicating greater illocutionary force, as compared with those about actions with less serious ...
Yan Zhou
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Principle of proportionality in genomic data sharing

Nature Reviews Genetics, 2015
We propose that a principle of proportionality be applied to genomic data that weighs the depth of data (what is shared) against the breadth of sharing (with whom).
C. Wright, M. Hurles, H. Firth
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Injunctions and damages for patent infringement under the UPCA in light of the principle of proportionality—Part I: injunctions

Journal of Intellectual Property Law & Practice
This article examines the availability of injunctions and the award of damages for patent infringement under the Agreement on a Unified Patent Court, in light of the principle of proportionality. Part I focuses on the injunctive relief and analyses the
Franz Hofmann, Benjamin Raue
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The Principles of Majority and Proportionality

British Journal of Political Science, 1971
It is only in connection with electoral law that the terms ‘majority principle’ and ‘proportionality’ are widely used. It seems to us meaningful to apply the two concepts also to the political decision-making process as a whole. In this broadened sense ‘majority principle’ and ‘proportionality’ denote certain models of conflict regulation. The majority
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