By peter hulsroj (auth.)
The e-book applies the main of proportionality to a couple of traditional wisdoms within the social sciences, similar to in dubio professional reo and the idea crime is often against the law; you could visit warfare if prompt to take action. contributors and states should not obliged to return to the help of afflicted members and states. The ebook is organised in seven chapters, each one facing a self-standing subject concerning proportionality.
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Additional resources for The Principle of Proportionality
Example text
By any normal logic the driver would have to be indicted for manslaughter, at least—and that is by no means by virtue of an extreme interpretation of the proportionality of crime principle. What really disturbed Lord Denning he showed even clearer in another 1971 case, Southwark London Borough Council v. Williams, where the question was whether necessity made squatting legal. Lord Denning stated: If homelessness were once admitted as a defence to trespass, no one’s house could be safe. Necessity would open a door no man could shut.
That is the chapter Machiavelli did not write. It is true that when judiciously assessed, Hitler’s abuse of Chamberlain demonstrates that there is a case for an “eye for an eye”, yet the preceding Great War was an example of how well it would have served humankind to have turned a few more cheeks. Had this been the case, then the need for “an eye for an eye” 20 years later would have been avoided and Hitler could have been allowed to peacefully pursue his postcard-painting skills. In an age of radical Islam, it is not easy to be a pacifist.
Here, too, there is a wide variation in impact. A Prime Minister who is convicted of battery obviously suffers more severe social fallout than a soldier with no family, who is convicted of the same crime. Disgrace also involves secondary suffering, in the sense that the family and friends of a disgraced person in some way or other share in the disgrace. Young children will suffer more than adult family members, friends normally less than family. Can all these variables be taken account of in a mature concept of in dubio pro reo?