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1 - Proportionality as a Cultural Practice

Published online by Cambridge University Press:  08 July 2021

Afroditi Marketou
Affiliation:
Université du Luxembourg
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Summary

This chapter situates the study within the literature on proportionality and comparative law. Contrary to the dominant universalising rhetoric, I propose to take the differences in the application of proportionality seriously. To do so, I develop a comparative law approach that places these differences within a broader legal cultural context in which they make sense. At the same time, the approach proposed here does not deny the possibility for cross-system influence and convergence, especially in the context of European integration. The comparison of the local meanings of proportionality, I argue, gives valuable information about the legal culture in which proportionality operates and about the mindset of the lawyers who use it.

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Publisher: Cambridge University Press
Print publication year: 2021

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