Proportionality and international legal pragmatics
(2020) In Nordic Journal of International Law 89(3-4). p.422-437- Abstract
To respond to the question of whose interest proportionality serves, this article enquires into the function of this important principle. As the article argues, proportionality functions in much the same way as any generally applicable pragmatic principle: it facilitates comprehension of communicative behaviour on the part of utterers, in this case international lawmakers. Thus, the principle of proportionality serves two important interests. First, it serves the interest of legal communication, helping international lawmakers to make themselves understood. Second, it serves the interests of legal efficacy - it facilitates the effective realisation of the objects and purposes conferred by international lawmakers on international norms.... (More)
To respond to the question of whose interest proportionality serves, this article enquires into the function of this important principle. As the article argues, proportionality functions in much the same way as any generally applicable pragmatic principle: it facilitates comprehension of communicative behaviour on the part of utterers, in this case international lawmakers. Thus, the principle of proportionality serves two important interests. First, it serves the interest of legal communication, helping international lawmakers to make themselves understood. Second, it serves the interests of legal efficacy - it facilitates the effective realisation of the objects and purposes conferred by international lawmakers on international norms.
(Less)
- author
- Linderfalk, Ulf LU
- organization
- publishing date
- 2020
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Good faith, Legal communication, Legal efficacy, Pragmatics, Proportionality
- in
- Nordic Journal of International Law
- volume
- 89
- issue
- 3-4
- pages
- 16 pages
- publisher
- Martinus Nijhoff Publishers
- external identifiers
-
- scopus:85097020263
- ISSN
- 0902-7351
- DOI
- 10.1163/15718107-89030009
- language
- English
- LU publication?
- yes
- id
- 4a8883de-85ec-48ce-aa81-3d3c8c2d0b11
- date added to LUP
- 2020-12-11 14:45:05
- date last changed
- 2025-04-04 14:09:13
@article{4a8883de-85ec-48ce-aa81-3d3c8c2d0b11,
abstract = {{<p>To respond to the question of whose interest proportionality serves, this article enquires into the function of this important principle. As the article argues, proportionality functions in much the same way as any generally applicable pragmatic principle: it facilitates comprehension of communicative behaviour on the part of utterers, in this case international lawmakers. Thus, the principle of proportionality serves two important interests. First, it serves the interest of legal communication, helping international lawmakers to make themselves understood. Second, it serves the interests of legal efficacy - it facilitates the effective realisation of the objects and purposes conferred by international lawmakers on international norms. </p>}},
author = {{Linderfalk, Ulf}},
issn = {{0902-7351}},
keywords = {{Good faith; Legal communication; Legal efficacy; Pragmatics; Proportionality}},
language = {{eng}},
number = {{3-4}},
pages = {{422--437}},
publisher = {{Martinus Nijhoff Publishers}},
series = {{Nordic Journal of International Law}},
title = {{Proportionality and international legal pragmatics}},
url = {{http://dx.doi.org/10.1163/15718107-89030009}},
doi = {{10.1163/15718107-89030009}},
volume = {{89}},
year = {{2020}},
}