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Publication details

Publisher: Springer

Place: Berlin

Year: 2013

Pages: 265-276

Series: Ius Gentium

ISBN (Hardback): 9789400760301

Full citation:

Eric Engle, "The general principle of proportionality and Aristotle", in: Aristotle and the philosophy of law, Berlin, Springer, 2013

Abstract

Examines the intellectual origins and legal development of the principle of proportionality in Aristotle, Aquinas and Grotius. Proportionality first applied to the law of self defence, then to police and administrative law, and then to constitutional law. Because interest balancing and proportionality are two different methods referring to two different types of rights the use of the term "balancing" in proportionality discourse should be avoided entirely. Distributive proportionality, economic cost benefit analysis, and lex talionis are three distinct interpretive methods which should not be confused.

Cited authors

Publication details

Publisher: Springer

Place: Berlin

Year: 2013

Pages: 265-276

Series: Ius Gentium

ISBN (Hardback): 9789400760301

Full citation:

Eric Engle, "The general principle of proportionality and Aristotle", in: Aristotle and the philosophy of law, Berlin, Springer, 2013