The principle of proportionality revisited: interpretations and applications
- Göran Hermerén
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The principle of proportionality is used in many different contexts. Some of these uses and contexts are first briefly indicated. This paper focusses on the use of this principle as a moral principle. I argue that under certain conditions the principle of proportionality is helpful as a guide in decision-making. But it needs to be clarified and to be used with some flexibility as a context-dependent principle. Several interpretations of the principle are distinguished, using three conditions as a starting point: importance of objective, relevance of means, and most favourable option. The principle is then tested against an example, which suggests that a fourth condition, focusing on non-excessiveness, needs to be added. I will distinguish between three main interpretations of the principle, some primarily with uses in research ethics, others with uses in other areas of bioethics, for instance in comparisons of therapeutic means and ends. The relations between the principle of proportionality and the precautionary principle are explored in the following section. It is concluded that the principles are different and may even clash. In the next section the principle of proportionality is applied to some medical examples drawn from research ethics and bioethics. In concluding, the status of the principle of proportionality as a moral principle is discussed. What has been achieved so far and what remains to be done is finally summarized.
- Allis, C.D., T. Jenuwein, and D. Reinberg (eds.). 2007. Epigenetics. New York: CSHL Press.
- Bentham, J. 1960. An introduction to the principles of morals and legislation. Oxford: Basil Blackwell (first published 1789).
- Boenink, M. 2010. Molecular medicine and concepts of disease: The ethical value of a conceptual analysis of emerging biomedical technologies. Medicine, Health Care and Philosophy 13: 11–23. CrossRef
- Brownsword, R. 2007. Ethical pluralism and the regulation of modern biotechnology. In The impact of biotechnologies on human rights, ed. Francesco Francioni. Oxford: Hart Publishing.
- Cassell, E.J. 1991. The nature of suffering and the goals of medicine. New York: Oxford University Press.
- EGE. 2000. European group on ethics. Opinion 15. Ethical aspects of stem cell research and use. Brussels: European Commission.
- EGE. 2003. European group on ethics. Opinion 17. Opinion on the ethical aspects of clinical research in developing countries. Brussels: European Commission.
- EGE. 2009. European group on ethics. Opinion 25. Ethics of synthetic biology. Brussels: European Commission.
- Fleischhauer, K., and G. Hermerén. 2006. The goals of medicine in the course of history and today. Stockholm: Vitterhetsakademien/Royal Academy of Letters.
- Forge, J. 2009. Proportionality, just war theory and weapons innovation. Science and Engineering Ethics 15(1): 25–38. CrossRef
- Gärdenfors, P., and N.-E. Sahlin. 1988. Decision, probability, and utility: Selected readings. New York: Cambridge University Press. CrossRef
- Gerhards, J. H. 2011. Proportionality review in European Law. IVR Encyclopaedia of Jurisprudence, Legal Theory and Philosophy of Law. http://ivr-enc.info/index.php?title=Proportionality_review_in_European_law. Accessed 23 May 2011.
- Hermerén, G. 2008. European values – and others. Europe’s shared values: Towards an ever-closer union? European Review 16(3): 373–385.
- Hofmann, B. 2010. The concept of disease—vague, complex, or just indefinable? Medicine, Health Care and Philosophy 13: 3–10. CrossRef
- Holm, S., and J. Harris. 1999. Precautionary principle stifles discovery. Nature 400: 398. CrossRef
- Jansen, L.A., and P.L. Sulmasy. 2002. Proportionality, terminal suffering and the restorative goals of medicine. Theoretical Medicine 23: 321–337. CrossRef
- Kirchengast, T. 2010. Proportionality in sentencing and the restorative justice paradigm: ‘Just Deserts’ for victims and defendants alike? Criminal Law and Philosophy 4: 197–213. CrossRef
- Latour, B. 1999. Pandora’s hope: Essays on the reality of science studies. Cambridge, MA: Harvard University Press.
- Machiavelli, N. 1988. The prince. Cambridge: Cambridge University Press.
- Moseley, A. 2009. Just war theory. Internet Encyclopedia of philosophy. http://www.iep.utm.edu/justwar. Accessed 28 Dec 2010.
- Nordenfelt, L. 1995. On the nature of health. An action-theoretic approach. Dordrecht: Kluwer.
- Peterson, M. 2007. Should the precautionary principle guide our actions or our beliefs? Journal of Medical Ethics 33(1): 5–10. CrossRef
- Poto, M. 2007. The principle of proportionality in comparative perspective. German Law Journal 8(9): 835–870.
- Quill, T., B. Lo, D.W. Brock. 1997. Palliative care options of last resort. Journal of the American Medical Association, 278; 239:2009–2104.
- Rio declaration on environment and development. 1993. Statement of forest principles: the final text of agreements negotiated by governments at the United Nations Conference on Environment and Development (UNCED). New York: United Nations Department of Public Information.
- Rosenthal, J.S. 2006. Struck by lightning: The curious world of probabilities. Washington DC: Joseph Henry Press.
- Sahlin, N.-E. 2011. Unreliable probabilities, paradoxes, and epistemic risk. In Handbook of risk theory, ed. S. Roeser, R. Hillerbrand, M. Peterson, P. Sandin. New York: Springer (in press).
- Shapin, S. 1996. The scientific revolution. Chicago: University of Chicago Press.
- Singer, P. 1993. Practical ethics. Cambridge: Cambridge University Press.
- Ten, C.L. 1987. Crime, guilt and punishment. Oxford: Clarendon Press.
- Tost, J. 2008. Epigenetics. Norwich: Horizon Scientific Press.
- Treaty of Amsterdam. 1997. Luxembourg: Office for Official Publications of the European Communities.
- Weber, M. 1976. The protestant ethic and the spirit of capitalism. London: Allen & Unwin. (First published in German in 1934).
- WMA. 2008. Declaration of Helsinki—Ethical principles for medical research involving human subjects. The latest version so far adopted at the 59th WMA General Assembly, Seoul, October 2008 (many earlier versions).
- The principle of proportionality revisited: interpretations and applications
Medicine, Health Care and Philosophy
Volume 15, Issue 4 , pp 373-382
- Cover Date
- Print ISSN
- Online ISSN
- Springer Netherlands
- Additional Links
- Means and ends
- Precautionary principle
- Principle of proportionality
- Industry Sectors
- Göran Hermerén (1)
- Author Affiliations
- 1. Department of Medical Ethics, Biomedical Centre, Lund University, BMC C 13, 221 84, Lund, Sweden