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The principle of proportionality
Chinese Language and Discourse. An International and Interdisciplinary Journal, 2020AbstractIn 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 consequences.
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Challenging the principle of proportionality
Journal of Medical Ethics, 2016The first objective of this article is to examine one aspect of the principle of proportionality (PP) as advanced by Alan Gewirth in his 1978 book Reason 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. However, according to the
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Proportionality and Principled Balancing
Law & Ethics of Human Rights, 2010This 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 ...
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Principle of proportionality in genomic data sharing
Nature Reviews Genetics, 2015We 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).
Caroline F, Wright +2 more
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The Principle of Proportionality [PDF]
, 2006 Recent policy initiatives within the harmonization of European company laws have promoted a so-called "principle of proportionality" through proposals that regulate mechanisms opposing a proportional distribution of ownership and control. We scrutinize the foundation for these initiatives by analyzing the use of instruments to separate ownership from ...
Bennedsen, Morten +1 more
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Locke’s Principle of Proportionality
Archiv für Geschichte der Philosophie, 2019Abstract Locke’s principle of proportionality – among his most important contributions to philosophy – states that we ought to apportion our assent to a given proposition in accord with the probability of that proposition on an adequate body of evidence. I argue that treatments of Locke’s principle fail to avoid interpreting it as a
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Fairness and the proportionality principle
Social Choice and Welfare, 2017zbMATH Open Web Interface contents unavailable due to conflicting licenses.
Cappelen, Alexander W. +1 more
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The Principle of Proportionality
2018The principle of proportionality is the most oft-invoked and, in terms of its role in constitutional adjudication, the most influential principle of EU law. The principle was developed in continental legal systems, especially in Germany and France, in the twentieth century.
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Proportionality as a Global Constitutional Principle
SSRN Electronic Journal, 2016This paper shows that three versions of the principle of proportionality exist in international law, and that these three have different constitutional functions. The horizontal version 1 applies, inter alia, in the field of countermeasures including self defence. The principle here refers to the relation between action (breach of international law) of
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The Principles of Majority and Proportionality
British Journal of Political Science, 1971It 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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