
Publication details
Publisher: Springer
Place: Berlin
Year: 2013
Pages: 265-276
Series: Ius Gentium
ISBN (Hardback): 9789400760301
Full citation:
, "The general principle of proportionality and Aristotle", in: Aristotle and the philosophy of law, Berlin, Springer, 2013


The general principle of proportionality and Aristotle
pp. 265-276
in: Liesbeth Huppes-Cluysenaer, Nuno (eds), Aristotle and the philosophy of law, Berlin, Springer, 2013Abstract
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:
, "The general principle of proportionality and Aristotle", in: Aristotle and the philosophy of law, Berlin, Springer, 2013