Proportionality in Crime Control and Criminal Justice

Emmanouil Billis is Research Group Leader at the Max Planck Institute for the Study of Crime, Security and Law in Freiburg, Germany. Nandor Knust is Associate Professor of Law at the University of Tromsø, Norway. Jon Petter Rui is Professor of Law at the University of Bergen, Norway.

PART I
CONCEPTUALISING PROPORTIONALITY
1. The Typology of Proportionality
Emmanouil Billis, Max Planck Institute for the Study of Crime, Security and Law, Germany, Nandor Knust, University of Tromsø, Norway, and Jon Petter Rui, University of Bergen, Norway
2. Proportionality and the Criminal Law: Proportionality of What to What?
R A Duff, University of Stirling, UK
3. Proportionality and the Bindingness of Fundamental Rights
Ralf Poscher, Max Planck Institute for the Study of Crime, Security and Law, Germany
4. The Contribution of Fuzzy Logic and Comparative Concepts to the Rational Application of Proportionality Stricto Sensu
Christos Mylonopoulos, National and Kapodistrian University of Athens, Greece
5. The Emotional Component of Proportionality
Thomas Elholm, University of Copenhagen, Denmark
6. The Principle of Proportionality: Tracing its Historical Evolution
Nestor Courakis, University of Nicosia, Cyprus, and Vagia Polyzoidou, University of Nicosia, Cyprus

PART II
APPLYING PROPORTIONALITY: NATIONAL PARADIGMS
7. Ends and Means: Why Effective Counter-Terrorism Requires Respect for Proportionality and Rights
Lucia Zedner, University of Oxford, UK
8. Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK
John Jackson, University of Nottingham, UK
9. Big Data and Criminal Justice. Proportionality, Efficiency and Risk in a Global Context
Richard Vogler, University of Sussex, UK
10. Proportionality Paradigm or Paradox? The Proportionality Principle in American and German Security Law Jurisprudence
Russell A Miller, Washington & Lee University, USA

11. Effectiveness, Proportionality and the Abstract and Concrete Forms of Decriminalisation. The Example of Italy
Konstanze Jarvers, Max Planck Institute for the Study of Crime, Security and Law, Germany
12. Promoting Retributive Proportionality Through Sentencing Guidelines
Julian V Roberts, University of Oxford, UK
13. Proportionality in Asset Confiscation Proceedings
Johan Boucht, University of Oslo, Norway

PART III
APPLYING PROPORTIONALITY: INTERNATIONAL PARADIGMS
14. The Proportionality Principle in Comparative Public, European Union and International Law – Reflections on the ‘Proportionality Equation’
Michael Bothe, University of Frankfurt, Germany, and Emanuela-Chiara Gillard, Oxford Institute for Ethics, Law and Armed Conflict, UK
15. Proportionality and Efficiency in Sentencing under International Criminal Law
Thomas Weigend, University of Cologne, Germany
16. Proportionality, Mass Surveillance and Criminal Investigation: The Strasbourg Court Facing Big Brother
Lorena Bachmaier Winter, Complutense University of Madrid, Spain
17. Proportionality Issues in European Arrest Warrant Proceedings – Three Stories from the Field
Ilias Anagnostopoulos, National and Kapodistrian University of Athens, Greece