Results for 'proportionality'

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  1. Proportionate Sentencing: Exploring the Principles.Andrew Von Hirsch & Andrew Ashworth - 2005 - Oxford University Press UK.
    The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. (...)
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  2. Halfway Proportionality.Bram Vaassen - 2022 - Philosophical Studies (9):1-21.
    According to the so-called 'proportionality principle', causes should be proportional to their effects: they should be both enough and not too much for the occurrence of their effects. This principle is the subject of an ongoing debate. On the one hand, many maintain that it is required to address the problem of causal exclusion and take it to capture a crucial aspect of causation. On the other hand, many object that it renders accounts of causation implausibly restrictive and often (...)
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  3.  22
    Cohesive proportionality.Ezra Rubenstein - 2024 - Philosophical Studies 181 (1):179-203.
    Proportionality—the idea that causes are neither too general nor too specific for their effects—seems to recommend implausibly disjunctive causes (McGrath, 1998 ; Shapiro & Sober, 2012 ; Franklin-Hall, 2016 ). I argue that this problem should be avoided by appeal to the notion of cohesion. I propose an account of cohesion in terms of the similarity structure of property-spaces, argue that it is not objectionably mysterious, and that alternative approaches—based on naturalness, interventionism, and contrastivism—are inadequate without appeal to it. (...)
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  4.  90
    Quantifying proportionality and the limits of higher-level causation and explanation.Alexander Gebharter & Markus Ilkka Eronen - 2023 - British Journal for the Philosophy of Science 74 (3):573-601.
    Supporters of the autonomy of higher-level causation (or explanation) often appeal to proportionality, arguing that higher-level causes are more proportional than their lower-level realizers. Recently, measures based on information theory and causal modeling have been proposed that allow one to shed new light on proportionality and the related notion of specificity. In this paper we apply ideas from this literature to the issue of higher vs. lower-level causation (and explanation). Surprisingly, proportionality turns out to be irrelevant for (...)
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  5. Relativizing proportionality to a domain of events.Caroline Torpe Touborg - 2022 - Synthese 200 (2):1-20.
    A cause is proportional to its effect when, roughly speaking, it is at the right level of detail. There is a lively debate about whether proportionality is a necessary condition for causation. One of the main arguments against a proportionality constraint on causation is that many ordinary and seemingly perfectly acceptable causal claims cite causes that are not proportional to their effects. In this paper, I suggest that proponents of a proportionality constraint can respond to this objection (...)
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  6.  9
    Proportionality in Causation, Part II: Applications and Challenges.Ezra Rubenstein - 2024 - Philosophy Compass 19 (1):e12960.
    In ‘Proportionality in Causation, Part I: Theories’, I presented various ways of understanding the idea that causes which are ‘proportional’ to their effects are in some sense preferable. In this companion article, I discuss the principal applications of the resulting theories of proportionality, and the challenges they face.
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  7.  6
    Proportionality in Causation, Part I: Theories.Ezra Rubenstein - 2024 - Philosophy Compass 19 (1):e12957.
    A much-discussed idea in the causation literature is that it is preferable to invoke causes which are proportional to—neither too general nor too specific for—the effect. This article presents various ways of understanding this idea. In what sense are such causal claims ‘preferable’? And what is it for one event to be ‘proportional’ to another? In a companion article, ‘Proportionality in Causation, Part II: Applications and Challenges’, I discuss the principal applications of the resulting theories of proportionality, and (...)
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  8. Proportionality in the Morality of War.Thomas Hurka - 2004 - Philosophy and Public Affairs 33 (1):34-66.
  9. Proportionality in Self-Defense.Uwe Steinhoff - 2017 - The Journal of Ethics 21 (3):263-289.
    This article considers the proportionality requirement of the self-defense justification. It first lays bare the assumptions and the logic—and often illogic—underlying very strict accounts of the proportionality requirement. It argues that accounts that try to rule out lethal self-defense against threats to property or against threats of minor assault by an appeal to the supreme value of life have counter-intuitive implications and are untenable. Furthermore, it provides arguments demonstrating that there is not necessarily a right not to be (...)
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  10. Against proportionality.Lawrence A. Shapiro & Elliott Sober - 2012 - Analysis 72 (1):89-93.
    A statement of the form ‘C caused E’ obeys the requirement of proportionality precisely when C says no more than what is necessary to bring about E. The thesis that causal statements must obey this requirement might be given a semantic or a pragmatic justification. We use the idea that causal claims are contrastive to criticize both.
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  11. Proportionality, contrast and explanation.Brad Weslake - 2013 - Australasian Journal of Philosophy 91 (4):785-797.
    If counterfactual dependence is sufficient for causation and if omissions can be causes, then all events have many more causes than common sense tends to recognize. This problem is standardly addressed by appeal to pragmatics. However, Carolina Sartorio [2010] has recently raised what I shall argue is a more interesting problem concerning omissions for counterfactual theories of causation—more interesting because it demands a more subtle pragmatic solution. I discuss the relationship between the idea that causes are proportional to their effects, (...)
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  12. Proportionality and Self-Defense.Suzanne Uniacke - 2011 - Law and Philosophy 30 (3):253-272.
    Proportionality is widely accepted as a necessary condition of justified self-defense. What gives rise to this particular condition and what role it plays in the justification of self-defense seldom receive focused critical attention. In this paper I address the standard of proportionality applicable to personal self-defense and the role that proportionality plays in justifying the use of harmful force in self-defense. I argue against an equivalent harm view of proportionality in self-defense, and in favor of a (...)
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  13.  38
    Predicting Proportionality: The Case for Algorithmic Sentencing.Vincent Chiao - 2018 - Criminal Justice Ethics 37 (3):238-261.
    A basic principle in sentencing offenders is proportionality. However, proportionality judgments are often left to the discretion of the judge, raising familiar concerns of arbitrariness and bias. This paper considers the case for systematizing judgments of proportionality in sentencing by means of an algorithm. The aim of such an algorithm would be to predict what a judge in that jurisdiction would regard as a proportionate sentence in a particular case. A predictive algorithm of this kind would not (...)
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  14.  30
    Proportionality and Just War.Gary D. Brown - 2003 - Journal of Military Ethics 2 (3):171-185.
    Despite its preeminent position in the just war tradition, the concept of proportionality is not well understood by military leaders. Especially lacking is a realization that there are four distinct types of proportionality. In determining whether a particular resort to war is just, national leaders must consider the proportionality of the conflict, i.e., balance the expected gain or just redress against the total harm likely to be inflicted by the impending armed action. This proportionality consideration is (...)
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  15.  70
    Subjective Proportionality.Patrick Tomlin - 2018 - Ethics 129 (2):254-283.
    Philosophers writing about proportionality in self-defense and war will often assume that defensive agents have full knowledge about the threat that they face and the defensive options available to them. But no actual defensive agents possess this kind of knowledge. How, then, should we make proportionality decisions under uncertainty? The natural answer is that we should move from comparing the harm we will do with the good we will achieve to comparing expected harm with expected good. I argue (...)
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  16.  3
    Proportionality in international law.Michael A. Newton - 2014 - New York, NY: Oxford University Press. Edited by Larry May.
    Introduction -- What is proportionality? -- Proportionality : a multiplicity of meanings -- Proportionality in the just war tradition -- Proportionality in international humanitarian law -- Proportionality in human rights law and morality -- The uniqueness of jus in bello proportionality -- Countermeasures and counterinsurgency -- Human shields and risk -- Targeted killings and proportionality in law : two models -- The nature of war and the idea of "cyberwar" -- Thresholds of jus (...)
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  17.  8
    Proportionality and Just War.Gary D. Brown - 2003 - Journal of Military Ethics 2 (3):171-185.
    Despite its preeminent position in the just war tradition, the concept of proportionality is not well understood by military leaders. Especially lacking is a realization that there are four distinct types of proportionality. In determining whether a particular resort to war is just, national leaders must consider the proportionality of the conflict, i.e., balance the expected gain or just redress against the total harm likely to be inflicted by the impending armed action. This proportionality consideration is (...)
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  18.  12
    Proportionality: New Frontiers, New Challenges.Vicki C. Jackson & Mark Tushnet (eds.) - 2017 - Cambridge, United Kingdom ; New York, NY, USA: Cambridge University Press.
    With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality extend their prior work and engage in an important dialogue on the topic. Some offer (...)
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  19. Proportionality, just war theory and weapons innovation.John Forge - 2009 - Science and Engineering Ethics 15 (1):25-38.
    Just wars are supposed to be proportional responses to aggression: the costs of war must not greatly exceed the benefits. This proportionality principle raises a corresponding ‘interpretation problem’: what are the costs and benefits of war, how are they to be determined, and a ‘measurement problem’: how are costs and benefits to be balanced? And it raises a problem about scope: how far into the future do the states of affairs to be measured stretch? It is argued here that (...)
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  20. Proportionality, Territorial Occupation, and Enabled Terrorism.Saba Bazargan - 2013 - Law and Philosophy 32 (4):435-457.
    Some collateral harms affecting enemy civilians during a war are agentially mediated – for example, the US-led invasion of Iraq in 2003 sparked an insurgency which killed thousands of Iraqi civilians. I call these ‘collaterally enabled harms.’ Intuitively, we ought to discount the weight that these harms receive in the ‘costs’ column of our ad bellum proportionality calculation. But I argue that an occupying military force with de facto political authority has a special obligation to provide minimal protection to (...)
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  21.  9
    Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice.Mordechai Kremnitzer, Talya Steiner & Andreja Lang (eds.) - 2020 - New York: Cambridge University Press.
    Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis (...)
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  22.  26
    Proportionality and Its Discontents.Vincent Chiao - 2022 - Law and Philosophy 41 (2):193-217.
    In this paper, I defend a deflationary account of proportionality, which suggests that proportionality does not explain anything valuable about a system of punishment. Proportionality, rather, is a conventional means for presenting judgments about whether punishment fits the crime. A system of punishment is proportionate to the degree that it coheres with widely shared norms about punishment. There are many reasons such coherence could be valuable, not all of which are retributive. Hence, while on a deflationary view (...)
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  23.  72
    Proportionality and Time.Jeff McMahan - 2015 - Ethics 125 (3):696-719.
    Proportionality in the resort to war determines a limit to the amount of harm it can be permissible to cause for the sake of achieving a just cause. It seems to follow that if a war has caused harm up to that limit but has not achieved the just cause, it should be terminated. I argue, however, that this is a mistake. Judgments of proportionality are entirely prospective and harms suffered or inflicted in the past should in general (...)
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  24.  6
    Proportionality and the Rule of Law: Rights, Justification, Reasoning.Grant Huscroft, Bradley W. Miller & Grégoire C. N. Webber (eds.) - 2014 - New York, NY: Cambridge University Press.
    To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular (...)
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  25.  11
    Constitutional proportionality and moral deontology.Horacio Spector - 2021 - Jurisprudence 12 (4):512-536.
    I come to grips with the deontological critique of constitutional proportionality that asserts that this doctrine ignores rights and slips into the utilitarian maximisation of societal interests. I...
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  26. Proportionality, causation, and exclusion.Thomas D. Bontly - 2005 - Philosophia 32 (1-4):331-348.
  27.  6
    Proportionality and Mexico's pandemic management during the COVID‐19 crisis.Felicitas Holzer, Ivette M. Ortiz Alcántara, Tobias Eichinger & Julian W. März - forthcoming - Developing World Bioethics.
    Mexico's pandemic management and the absence of measures have been harshly criticized as being disproportionate. This paper examines whether the proportionality principle was properly applied to Mexico's COVID-19 response and outlines three reasons against such an endeavor, namely (i) the content of “proportionate measures” remained insufficiently well defined, (ii) there were yet fundamental rights conflicts to resolve, and (iii) the situation was moreover characterized by epistemic uncertainty.
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  28.  25
    Proportionality and Self-Interest.Nir Eisikovits - 2010 - Human Rights Review 11 (2):157-170.
    This paper offers a justification of the principle of military proportionality that is based in considerations of self-interest. By offering such a justification, I hope to vindicate the principle on the basis of the least controversial argument available. The war between Israel and Hezbollah in the summer of 2006 is used as a case study. Part 1 surveys recent work on military proportionality and suggests that the importance of this principle has increased in the age of asymmetrical warfare. (...)
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  29.  37
    Proportionality in War: Revising Revisionism.Patrick Tomlin - 2020 - Ethics 131 (1):34-61.
    In this article I argue that revisionists in just war theory must further revise their proportionality principles. I show that on the revisionist view it is possible for a war to be proportionate,...
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  30.  21
    Proportionality in Self-Defense: With an Application to Covid Vaccination-Mandates.Stephen Kershnar - 2022 - International Journal of Applied Philosophy 36 (1):67-82.
    Proportionality matters. Intuitively, proportionality sets the ceiling on the amount of defensive violence that is permissible. A plausible view is that what justifies proportionality also justifies other defensive-violence requirements—for example, discrimination and necessity—and shows why other purported requirements are mistaken—for example, imminence. I argue that if defensive-violence proportionality is a part of moral reality, then there is a systematic justification of it. If there is a systematic justification of proportionality, then there is an adequate equation (...)
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  31.  47
    Proportionality in modern just war theory: A tort-based approach.Davis Brown - 2011 - Journal of Military Ethics 10 (3):213-229.
    Abstract This article lays a theoretical foundation the perspective of international law for applying the principle of proportionality of cause in modern just war theory. It proposes an analytical framework for measuring proportionality based on general tort law, filtered through the international law of state responsibility. It proposes assessing the use of force as a proportionate (or disproportionate) remediation for an injury (present or future) caused by another state that is in breach of its legal obligations. The article (...)
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  32. Proportionality and Principled Balancing.Aharon Barak - 2010 - Law and Ethics of Human Rights 4 (1):1-16.
    This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests, taking into account the importance of the rights and the type of restriction. (...)
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  33. Proportionality and the metaphysics of causation.Cei Maslen - unknown
    This paper reexamines the case for a proportionality constraint on causation. The general idea behind the proportionality constraint is that causes need the right amount of detail. The cause needs to be detailed enough to be sufficient for the effect yet general enough to be fully relevant to the effect. The case for the proportionality constraint mainly rests on some examples. Suppose we are searching for the cause of an injury: “being hit by a red bus” is (...)
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  34.  3
    Revisiting proportionality in international and European law: interests and interest- holders.Ulf Linderfalk & Eduardo Gill-Pedro (eds.) - 2021 - Leiden, The Netherlands: Koninklijke Brill NV.
    This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role governing the exercise of public power in international law and has been presented as the 'ultimate rule of law'.
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  35. Proportionality, Winner-Take-All, and Distributive Justice.Mark R. Reiff - 2009 - Politics, Philosophy and Economics 8 (1):5-42.
    When faced with multiple claims to a particular good, what does distributive justice require? To answer this question, we need a substantive moral theory that will enable us assign relative moral weights to the parties' claims. But this is not all we need. Once we have assessed the moral weight of each party's claim, we still need to decide what method of distribution to employ, for there are two methods open to us. We could take the winner-take-all approach, and award (...)
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  36.  21
    Proportionality of single nucleotide causation.Gry Oftedal - 2022 - Studies in History and Philosophy of Science Part A 93 (C):215-222.
  37.  93
    Afterword: Proportionality and the difference death makes.William A. Edmundson - 2002 - Criminal Justice Ethics 21 (2):40-43.
    Proponents and opponents of the death penalty both typically assume that punishment, in some form or other, is justified, somehow or other, and that just punishment must in some sense be proportionate to the crime. These shared assumptions turn out to embarrass both parties. Proponents have to explain why certain prima facie proportionate punishments, such as torture, are off the table, while death remains, so to speak, on it. Opponents have to explain why their favored alternatives to capital punishment, such (...)
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  38.  11
    Proportionality, Comparability, and Parity: A Discussion on the Rationality of Balancing.Piero Ríos Carrillo - 2023 - Legal Theory 29 (4):257-288.
    This article analyses the rationality of the principle of proportionality as a justificatory method for solving cases involving conflicts of constitutional principles. It addresses the “problem of comparability”: a set of arguments claiming that proportionalists fail to understand what happens when constitutional principles collide. The problem of comparability suggests that balancing cannot be done if some conflicts of constitutional principles are, in reality, cases of noncomparability, incommensurability, incomparability, or vagueness. In this article, I challenge the views of both proportionalists (...)
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  39.  5
    Proportionality in cyberwar and just war theory.Fredrik D. Hjorthen & James Pattison - 2023 - Ethics and Global Politics 16 (1):1-24.
    Which harms and benefits should be viewed as relevant when considering whether to launch cyber-measures? In this article, we consider this question, which matters because it is central to determining whether cyber-measures should be launched. Several just war theorists hold a version of what we call the ‘Restrictive View’, according to which there are restrictions on the sorts of harms and benefits that should be included in proportionality assessments about the justifiability of going to war (whether cyber or kinetic). (...)
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  40.  61
    Proportionality, Liability, and Defensive Harm.Jonathan Quong - 2015 - Philosophy and Public Affairs 43 (2):144-173.
  41.  1
    Proportionality in Constitutional and Human Rights Interpretation.Imer B. Flores - 2013 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (7):83-113.
    In this article the author, in a context in which principles and the principle of proportionality are at the heart not only of jurisprudence but also of constitutional and human rights interpretation, claims that when there were those ready to raise the hand to declare a unanimous winner, some critics and skeptics appeared. In addition, to the traditional objections, they worry that proportionality invites to doing unnecessary balancing between existing rights, inventing new rights out of nothing at all (...)
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    Proportionality, Constraint, and Culpability.Mitchell N. Berman - 2021 - Criminal Law and Philosophy 15 (3):373-391.
    Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and regarding whether the principle can deliver absolute judgments, (...)
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  43. Proportionality and omissions.Phil Dowe - 2010 - Analysis 70 (3):446-451.
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  44.  20
    Proportionality & Comparative Constitutional Law versus Studies.Rosalind Dixon - 2018 - The Law and Ethics of Human Rights 12 (2):203-224.
    The doctrine of proportionality has received sustained attention from comparative constitutional scholars. Yet it is an area where courts, and scholars, have made limited use of empirical or inter-disciplinary approaches to constitutional comparison. The article calls for a change in this practice as part of a broader call for greater dialogue between scholars and practitioners of conceptual and more empirical forms of constitutional comparison.
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  45.  26
    The Proportionality Argument and the Problem of Widespread Causal Overdetermination.Alexey Aliyev - 2020 - Disputatio 12 (59):331-355.
    The consensus is that repeatable artworks cannot be identified with particular material individuals. A perennial temptation is to identify them with types, broadly construed. Such identification, however, faces the so-called “Creation Problem.” This problem stems from the fact that, on the one hand, it seems reasonable to accept the claims that (1) repeatable artworks are types, (2) types cannot be created, and (3) repeatable artworks are created, but, on the other hand, these claims are mutually inconsistent. A possible solution to (...)
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  46.  8
    Proportionality Collapses: The Search for an Adequate Equation for Proportionality.Stephen Kershnar - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 397-418.
    In punishment, proportionality is the systematic mathematical relationship between the significance of the wrongdoing and the amount of punishment that may be imposed on the wrongdoer. In this chapter, Kershnar argues that there is no adequate equation for proportionality. The lack of an adequate equation rests on intuitions and the absence of a shared metric. If there is no equation for proportionality, then there is no proportionality. This is because if there is no equation for (...), then there is no general justification for proportionality. Purported justifications of punishment that lack proportionality—specifically, consequentialism and consent theory—are implausible. The lack of proportionality, then, is a threat to the notion that some punishment is justified and, more generally, non-consequentialism. (shrink)
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  47.  29
    Proportionality and Just Cause.Jeff McMahan - 2014 - Journal of Moral Philosophy 11 (4):428-453.
    In the course of commenting on the third chapter of Frances Kamm’s Ethics for Enemies, this article proposes an analysis of the notion of a just cause for war, according to which there is a just cause only when those whom it is necessary to attack as a means of achieving some aim are potentially morally liable to be attacked. The remainder of the article then discusses issues of proportionality, particularly in relation to several distinct forms of moral justification (...)
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  48.  13
    The Proportionate Treatment of Enemy Subjects: A Reformulation of the Principle of Discrimination.Betsy Perabo - 2008 - Journal of Military Ethics 7 (2):136-156.
    This essay argues that the best starting point for discussions of the Principle of Discrimination (PD) is its most basic formulation: In wartime, certain enemy subjects should receive better treatment than others. Other formulations of the PD ? in particular, those centered on the concept of noncombatant immunity ? have sought to identify a single criterion that can be used as the basis for sorting enemy subjects into two (and only two) classes. However, a historical and legal analysis of the (...)
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  49. Proportionality, terminal suffering and the restorative goals of medicine.Lynn A. Jansen & Daniel P. Sulmasy - 2002 - Theoretical Medicine and Bioethics 23 (4-5):321-337.
    Recent years have witnessed a growing concern that terminally illpatients are needlessly suffering in the dying process. This has ledto demands that physicians become more attentive in the assessment ofsuffering and that they treat their patients as `whole persons.'' Forthe most part, these demands have not fallen on deaf ears. It is nowwidely accepted that the relief of suffering is one of the fundamentalgoals of medicine. Without question this is a positive development.However, while the importance of treating suffering has generally (...)
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  50.  19
    Proportionality and Necessity in Bello.Jovana Davidovic - 2017 - In The Cambridge Handbook of the Just War.
    Overview of proportionality and necessity in bello; comparison between traditional and revisionist accounts of just war theory.
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