Law Human Rights

Intolerant Religion in a Tolerant-Liberal Democracy

By Yossi Nehushtan
Hart Publishing January 2018

Specifications

ISBN-13
9781509920082
Publisher
Hart Publishing
Publication
January 2018
Format
Paperback , 232 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

This book aims to examine and critically analyse the role that religion has and should have in the public and legal sphere. The main purpose of the book is to explain why religion, on the whole, should not be tolerated in a tolerant-liberal democracy and to describe exactly how it should not be tolerated – mainly by addressing legal issues. 

The main arguments of the book are, first, that as a general rule illiberal intolerance should not be tolerated; secondly, that there are meaningful, unique links between religion and intolerance, and between holding religious beliefs and holding intolerant views (and ultimately acting upon these views); and thirdly, that the religiosity of a legal claim is normally a reason, although not necessarily a prevailing one, not to accept that claim.

Table of Contents

1. Introduction

2. The Principle of Tolerance
I. Introduction
II. The Definition of Tolerance and the Right to be Tolerated
III. The Components of Tolerance
IV. Tolerance and Grudge
V. Tolerance and Power
VI. Conclusion

3. The Limits of Liberal Tolerance
I. Introduction: Perfectionist Liberalism as a Starting Point
II. The Limits of Tolerance: Reciprocity and Proportionality
III. Who is the True Intolerant One?
IV. Conclusion

4. A Tolerant-Liberal Democracy
I. The Competing Political Theories
II. The Case Against Neutrality
III. A Pluralistic-Liberal State or a Tolerant-Liberal State? The Re-Establishment of Tolerance

5. The Theoretical and Empirical Links Between Religion and Intolerance
I. Introduction
II. The Empirical Findings
III. The Theoretical Links Between Religion and Intolerance
IV. Is the Co-Existence of Religion and Prejudice Paradoxical?
V. Conclusion

6. Accommodating Religion by Granting Conscientious Exemptions: Is Religion Special?
I. Accommodating Religion by Granting Conscientious Exemptions
II. Conscientious Exemptions as an Expression of Tolerance
III. Is Religion Special?: Five Possible Answers
IV. Neutral Approaches
V. 'Equal Regard' Approaches
VI. Liberal Value-Based Approaches
VII. Pro-Religion Approaches
VIII. Anti-Religion Approaches
IX. Conclusion: Is Religion Special?

7. Conclusion
I. A Short Introduction to the Conclusion
II. Why and when the Religiosity of a Claim for Accommodation or Exemption Matters
III. And a Final Conclusion IV. Post-Conclusion: A Note about Religion, the Academic World and the Real World

About the Author

Yossi Nehushtan is Senior Lecturer at the School of Law, Keele University, and Co-Director of the MA in Human Rights, Globalization and Justice.

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