Essays on Freedom and Proportionality
This open access book explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. It views proportionality as more than a technical, legalistic formula but as infused with moral meaning. It asks: Is the proportionality test committed...
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| Định dạng: | Online |
|---|---|
| Ngôn ngữ: | Tiếng Anh |
| Được phát hành: |
Bloomsbury Publishing (UK)
2026
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| Những chủ đề: | |
| Truy cập trực tuyến: | ONIX_20260415T184305_9781509973774_29 |
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| _version_ | 1869514354283511808 |
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| collection | Directory of Open Access Books |
| description | This open access book explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. It views proportionality as more than a technical, legalistic formula but as infused with moral meaning. It asks: Is the proportionality test committed to a particular philosophical conception of freedom? Some contributors argue that proportionality subscribes to a morally defensible ‘right to everything’. Others see in this a serious shortcoming of contemporary proportionality discourse. They claim instead that fundamental rights doctrine should abandon proportionality and adopt a less individualistic notion of freedom that is inherently limited by the reasonable interests of others. The volume showcases novel attempts to combine proportionality and freedom that are inspired by Kant, John Rawls and Bernard Williams. It also situates its central question within debates about the legitimacy of judicial power and considers the use of proportionality analysis by the courts to resolve pivotal issues about the meaning of human rights. Individual chapters are in dialogue with each other, offering readers a holistic examination of this important issue of human rights theory and practice. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. |
| format | Online |
| id | doab-20.500.12854ir-175673 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Bloomsbury Publishing (UK) |
| publisherStr | Bloomsbury Publishing (UK) |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1756732026-04-20T08:11:07Z Essays on Freedom and Proportionality Kyritsis, Dimitrios Proportionality Freedom Individualism Liberalism Human rights Constitutional adjudication Balancing thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDC Law: Human rights and civil liberties thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law This open access book explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. It views proportionality as more than a technical, legalistic formula but as infused with moral meaning. It asks: Is the proportionality test committed to a particular philosophical conception of freedom? Some contributors argue that proportionality subscribes to a morally defensible ‘right to everything’. Others see in this a serious shortcoming of contemporary proportionality discourse. They claim instead that fundamental rights doctrine should abandon proportionality and adopt a less individualistic notion of freedom that is inherently limited by the reasonable interests of others. The volume showcases novel attempts to combine proportionality and freedom that are inspired by Kant, John Rawls and Bernard Williams. It also situates its central question within debates about the legitimacy of judicial power and considers the use of proportionality analysis by the courts to resolve pivotal issues about the meaning of human rights. Individual chapters are in dialogue with each other, offering readers a holistic examination of this important issue of human rights theory and practice. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. 2026-04-20T08:11:07Z 2026-04-20T08:11:07Z 2026-04-16T11:09:11Z 2025 book ONIX_20260415T184305_9781509973774_29 https://library.oapen.org/handle/20.500.12657/112384 9781509973774 https://directory.doabooks.org/handle/20.500.12854/175673 eng Hart Studies in Constitutional Theory open access Bloomsbury Publishing (UK) Hart Publishing b7fec79e-c133-4cb3-9544-88060a4d4e06 9781509973774 Hart Publishing 248 London open access |
| spellingShingle | Proportionality Freedom Individualism Liberalism Human rights Constitutional adjudication Balancing thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDC Law: Human rights and civil liberties thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law Essays on Freedom and Proportionality |
| title | Essays on Freedom and Proportionality |
| title_full | Essays on Freedom and Proportionality |
| title_fullStr | Essays on Freedom and Proportionality |
| title_full_unstemmed | Essays on Freedom and Proportionality |
| title_short | Essays on Freedom and Proportionality |
| title_sort | essays on freedom and proportionality |
| topic | Proportionality Freedom Individualism Liberalism Human rights Constitutional adjudication Balancing thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDC Law: Human rights and civil liberties thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law |
| topic_facet | Proportionality Freedom Individualism Liberalism Human rights Constitutional adjudication Balancing thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDC Law: Human rights and civil liberties thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law |
| url | ONIX_20260415T184305_9781509973774_29 |