Marek Zirk-Sadowski

Legality and Proportionality in the Performance of Law: Introduction

Introduction

Legality and proportionality in the performance of law: introduction. This volume explores legality and proportionality in the practical performance of law. Essential for legal philosophy, practical approaches, and law interpretation by authorities.

Abstract

The fourth volume of Undecidabilities and Law is dedicated to the relationship between legality and proportionality in the context of practical performance (or realization) of law. To explain this thematic core, attention be paid primarily to its two crucial dimensions – legality and proportionality –, both relevant for academic considerations in the field of the conflicting demands of political philosophy and legal philosophy, but also important for practical-normative dogmatic approaches, as well as for the process of interpreting the law in practice by law-enforcing Authorities.

Review

This introductory piece effectively sets the stage for the fourth volume of 'Undecidabilities and Law,' which promises a deep dive into the intricate relationship between legality and proportionality. By explicitly framing this exploration within the context of the 'practical performance (or realization) of law,' the editors signal a crucial and timely move beyond purely abstract legal theory towards the tangible application and execution of legal norms. This focus on real-world implementation suggests a commitment to addressing the persistent challenges in bridging the gap between legal principles and their lived reality. The abstract adeptly highlights the two central pillars of the volume: legality and proportionality. It underscores their multifaceted significance, not only for rigorous academic discourse within political and legal philosophy but also for their utility in practical-normative dogmatic approaches. Crucially, the volume also aims to inform the interpretive processes of law-enforcing authorities, indicating a commitment to bridging theoretical insights with concrete legal practice. This broad appeal suggests that the collection will serve a diverse readership, from scholars grappling with conceptual complexities to practitioners navigating the nuances of legal application. As an introduction, the piece successfully delineates the significant intellectual and practical ground the subsequent contributions are expected to cover. By drawing attention to the dual relevance of legality and proportionality for both deep academic inquiry and the day-to-day work of legal professionals, the volume positions itself as a vital resource for understanding contemporary legal challenges. Readers can anticipate a comprehensive exploration of how these often-conflicting demands are reconciled – or indeed, remain 'undecidable' – within the dynamic context of legal realization, offering valuable perspectives for anyone engaged in the study or application of law.

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