Jump to ContentJump to Main Navigation
Philosophical Foundations of Human Rights$
Users without a subscription are not able to see the full content.

Rowan Cruft, S. Matthew Liao, and Massimo Renzo

Print publication date: 2015

Print ISBN-13: 9780199688623

Published to Oxford Scholarship Online: June 2015

DOI: 10.1093/acprof:oso/9780199688623.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 September 2021

Rescuing Proportionality

Rescuing Proportionality

(p.316) 17 Rescuing Proportionality
Philosophical Foundations of Human Rights

George Letsas

Oxford University Press

This chapter addresses the normative foundations of the principle of proportionality, as used in human rights adjudication. The first part of the chapter mounts a critique against the orthodox conception of the doctrine, according to which the point of proportionality is to balance rights against other considerations (such as public interest, or the rights of others) with view to optimise the realisation of all the relevant values. The second part of the chapter offers an alternative account of the principle of proportionality. Proportionality has a moral dimension, which is to demarcate separate moral practices and the values that govern them. In the case of human rights, proportionality demarcates state action and picks out a dimension of the fundamental value of equal respect and concern. The chapter argues that this egalitarian conception of proportionality better fits and justifies central aspects of human rights law.

Keywords:   human rights theory, proportionality, teleological, legal doctrine, egalitarian rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .