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To compare the onerousness of various penalties, Professors Andrew von Hirsch and Andrew Ashworth have proposed utilizing a "living standard analysis," which von Hirsch and Professor Nils Jareborg developed in the context of evaluating the severity of criminal offenses.
This criterion has been accepted by jurisprudence, whereby "relationships exist that coincide externally with those inherent to a subordinate contract but which, inasmuch as there are characteristics that exclude their onerousness (e.
What is remarkable is that, despite the onerousness of freedom (it imposes obligations on us to respect the rights of others, and therefore restraints on our behavior, as much as it enables us to do what we want), freedom has managed to hold its own, and even to expand in places where it was effectively unknown.