Rights, Balancing, and Proportionality

15 Pages Posted: 14 Nov 2019

See all articles by Thomas Scanlon

Thomas Scanlon

Department of Philosophy, Harvard University

Date Written: October 1, 2019

Abstract

A sympathetic examination of Stavros Tsakyrakis' critique of the principle of proportionality in human rights law. Offers an alternative account of rights according to which the content of rights includes norms that are justified through a process of balancing interests, but rights themselves are not in general balanced against interests or against other rights.

Keywords: rights, proportionality, balancing, Tsakyrakis, Alexy

Suggested Citation

Scanlon, Thomas, Rights, Balancing, and Proportionality (October 1, 2019). Available at SSRN: https://ssrn.com/abstract=3462529 or http://dx.doi.org/10.2139/ssrn.3462529

Thomas Scanlon (Contact Author)

Department of Philosophy, Harvard University ( email )

Emerson Hall
Harvard University
Cambridge, MA 02138
United States

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