principle of proportionality ethics
CONVICTING WITH REASONABLE DOUBT: AN EVIDENTIARY THEORY OF CRIMINAL LAW.
... practices are also grounded on principled considerations external to constitutional ...) See generally Andrew von Hirsch, Proportionality in the Philosophy of Punishment, 16 CRIME & ... Standards, ABA, Keeping Faith: Government Ethics and Government Ethics Regulation, 45 ADMIN. L. ...
Reexamining international law at the international, regional, and state levels (new voices).
... that there was no international legal principle or instrument that could elevate the sanctions ... countermeasures--subject to proportionality and other requirements--in auto-qualifying the ...J. LEGAL ETHICS 55, 55-56 (2008) (pointing out that detainees are ...
How to Regulate the Regulators: Applying Principles of Good Corporate Governance to Financial Regulatory Authorities.
... sector institutions will behave, on average, in accordance with the ethics and norms dictated to them from the top. (79) . Putting this debate aside, ... specific public law requirements, such as the principle of proportionality, being accepted in most countries though with variations in detail. See, ...
Cruel and Unusual Corporate Punishment.
...Application of the Proportionality Principle to Cruel and 578 Unusual Punishment C. ...ETHICS & PUB. POL'Y 525, 539 (2014). . (111.) Kaal & ...
Miller v. Alabama: what it is, what it may be, and what it is not.
... alone a constitutional right to proportionality analysis in imprisonment cases, at least not ... a constitutional proportionality principle for non-capital cases at all. (22) To some ... and Principled Balancing, 4 LAW & ETHICS HUM. Rts. 1,9-10 (2010). . (44.) Solem, 463 U.S. ...
Indiscriminate Attacks and the Past, Present, and Future of the Rules/Standards and Objective/ Subjective Debates in International Humanitarian Law.
...The word "indiscriminate"--not "proportionality" (1)--is the new touchstone in the public ...Take, for instance, the principle of proportionality. A number of states made clear ... Commander': Reflections on the Law, Ethics, and Geopolitics of Proportionality, 6 HARV. ...
The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks
...mathematical principles. ....101-1 includes key aspects of conduct and ethics that NHTSA must . follow in awarding a contract ...a proportionality assumption may be an oversimplification.\2094\ ...
- Postadjudicatory Juvenile Defense Attorneys: More Thoughts on Reimagining Juvenile Justice
Humanitarian Regulation of Hostilities: The Decisive Element of Context.
... risk (commonly called the proportionality rule), (25) and when implementing certain ... for compliance with a legal rule or principle can function rationally if it is divorced from ...REUBEN E. BRIGATY II, ETHICS, TECHNOLOGY, AND THE AMERICAN WAY OF WAR: CRUISE ...
Braking the rules: why state courts should not replicate amendments to the Federal Rules of Civil Procedure.
...; and (ii) the incorporation of proportionality into the scope of discovery. Although these ... reasons of convenience as well as of principle, be adopted by the states. (15) Replication by ...J. Legal Ethics 1223 (2005) (noting Rule 23 amendment requiring ...
Autonomous weapons and human responsibilities.
... seeking to ensure compliance with the principles of necessity and proportionality? The answer ... investigation" into the risks and ethics related to autonomous military systems, with a ...
When are constitutional rights non-absolute? McCutcheon, conflicts, and the sufficiency question.
.... 3. Rights as Principles . A third master metaphor for rights consistent ...& Ethics Hum. Rts. 78, 79-81 (2010). . (17.) See infra .... (96.) See Aharon Barak, PROPORTIONALITY: CONSTITUTIONAL RIGHTS AND THEIR LIMITATIONS 141 ...
McCoy v. Louisiana's Unintended Consequences for Capital Sentencing.
...The core of proportionality is the bifurcated capital trial, which channels ... Second, the Court applied this familiar principle--that decisions about the goal of the ... Divided: Defense Attorneys and the Ethics of Death Row Volunteering, 25 Law & Soc. Inquiry ...
MENS REA REFORM AND ITS DISCONTENTS.
..., "rule of law", and "neutral" legal principles. (18) A primary goal of this Article is to ... erodes necessary gradations of proportionality and moral blame; the silence and lack of clarity ...J. LEGAL ETHICS 355, 396 (2001) ("My answer to the question, 'Can ...
Lethal self-defense against a rapist and the challenge of proportionality: Jewish law perspective.
... and halakha le-ma'aseh, but rather on the distinction between principles within the law (halakha) itself. I should note that the idea suggested in ...Kaufman, Is There a 'Right' to Self-Defence?, 23 CR1M. JUST. ETHICS 20 (2004); Cathryn Jo Rosen, The Excuse of Self-Defense: Correcting a ...
- Cyber Attacks: Proportionality and Precautions in Attack
18 F.3d 662 (9th Cir. 1994), 89-35210, Campbell v. Wood
... There is no principled basis for limiting to noncapital offenses a ...Those cases concern the proportionality of the death penalty to the crimes of conviction, ... satisfy contemporary standards of research ethics. Instead, universities and other agencies doing ...
Vulnerability and just desert: a theory of sentencing and mental illness.
... of punishment (177) Critically, the principles that justify the power of the state to impose ... punishment according to a proportionality equation involving culpability, seriousness of ...Prisons: A Challenge for Medical Ethics, 38 J. AM. ACAD. PSYCHIATRY & L. 104, 105 (2010) ...
First-time offender, productive offender, offender with dependents: why the profile of offenders (sometimes) matters in sentencing.
... offense, thereby undermining the proportionality principle. This article analyzes the relevance .... (26) Jesper Ryberg, The Ethics of Proportionate Punishment: A Critical ...
Legislating morality progressively - the contraceptive coverage mandate, religious freedom, and public health policy and ethics.
... moral concepts and norms" that may be "variously called values, principles, or rules," (244) provide concrete moral guidance in evaluating particular ... proposed five justificatory conditions-- effectiveness, proportionality, necessity, least infringement, and public justification--to resolve ...
- Autonomous Weapons and the Law of Armed Conflict
Desert, Entrepreneurship, and Crony Capitalism.
... they fail what Arnold calls "the proportionality principle," that there should be a fit between ...Scott. 1987. "Why Profits Are Deserved." Ethics, 97(1): 387-402. Feinberg, Joel. 1999. "Justice ...
Behaviorial international law.
... elements are the complementary principles of military necessity and proportionality. (188) ...BUS. ETHICS 651, 654 (1992) (asserting that groupthink causes ...
- Law-of-War Perfidy
THE SIXTH AMENDMENT FACADE: THE RACIAL EVOLUTION OF THE RIGHT TO COUNSEL.
... judicial abandonment of Warren Court principles, legislative stinginess, and/or the punitive ... defense that were more concerned with ethics than race, (42) but many did not. . In addition ... (2018) 25-60; Eisha Jain, Proportionality and Other Misdemeanor Myths, 98 B.U. L. REV. 953, ...