While there is extensive analysis of proportionality in public law, little has been written about
this subject in private law. This paper fills this gap in the literature by engaging in a …

Proportionality has many faces. Some view it as a legal technique that embraces the
indeterminacy of legal decision-making and underscores the need to choose between …

Proportionality is a ubiquitous and yet elusive concept in law. It has long been a topic of
legal and philosophical discourse. 1 Accounts of the history of proportionality usually start …

In this book, containing papers from a conference held in Hamburg in May 2022, the editors
sought to set out some preliminary steps in order to facilitate a comparative understanding of …

Outside law we often judge an action to be wrongful in virtue of being disproportionate. This
paper aims to develop a moral account of proportionality as it figures outside law, with a …

Proportionality is the standard that guides the balancing of human or fundamental rights in
law, requiring that the interference with rights must be justified by reasons that keep a …

The idea of proportionality has figured prominently in moral, legal, and political theory. It has
been central to the articulation of an ideal of limited punishment in modern legal orders, and …

As is well known, the principle of proportionality is currently one of the most important
instruments of judicial review of legal acts. However, the truth is that, even today, it still raises …

Proportionality is a ubiquitous concept in law. While mostly associated with fundamental
rights review, it also plays an important role in private law. In this context, proportionality …

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, ie …