Religious Beliefs and Conscientious Exemptions in a Liberal State

Human Rights

Religious Beliefs and Conscientious Exemptions in a Liberal State

By John Adenitire
Hart Publishing January 2021

Specifications

ISBN-13
9781509946211
Publisher
Hart Publishing
Publication
January 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

The central focus of this edited collection is on the ever-growing practice, in liberal states, to claim exemption from legal duties on the basis of a conscientious objection. Traditional claims have included objections to compulsory military draft and to the provision of abortions. Contemporary claims include objections to anti-discrimination law by providers of public services, such as bakers and B&B hoteliers, who do not want to serve same-sex couples. The book investigates the practice, both traditional and contemporary, from three distinct perspectives: theoretical, doctrinal (with special emphasis on UK, Canadian and US law) and comparative. Cumulatively, the contributors provide a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.

Table of Contents

PART A. THEORETICAL REFLECTIONS ON CONSCIENTIOUS EXEMPTIONS
2. Is Religion Special? Exemptions, Conscience and the Culture Wars
John Corvino
3. Conscientious Claims, Ill-Founded Belief and Religious Exemption
Peter Jones
4. Exemptions for Religious Groups and the Problem of Internal Dissent
Paul Billingham
PART B. HOW SHOULD COURTS ADJUDICATE CONSCIENTIOUS EXEMPTIONS?
5. Conscience in the Image of Religion
Richard Moon
6. The Courts and Conscience Claims
Ian Leigh
7. The Difference between Illegitimate Conscience and Misguided Conscience: Equality Laws, Abortion Laws and Religious Symbols
Yossi Nehushtan and Stella Coyle
8. Conscientious Objection, 'Proper Medical Treatment' and Professionalism: The Limits of Accommodation for Conscience in Healthcare
Mary Neal
9. The Art of Living with Ourselves: What Does the Law Have to do with Conscience?
Gerald Chipeur QC and Robert Clarke
PART C. COMPARATIVE QUESTIONS IN THE LAW OF CONSCIENTIOUS EXEMPTIONS
10. Conscientious Objections in Employment: Is a Duty of Reasonable Accommodation the Answer?
Lucy Vickers
11. Who Should Give Effect to Conscientious Exemptions? The Case for Institutional Synergy
John Adenitire
12. Can Secular Non-Natural Persons be Said to Have a 'Conscience'?
Frank Cranmer
PART D. CONCLUSION
13. Conscientious Exemptions in a Liberal State
John Adenitire
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