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Religious Beliefs and Conscientious Exemptions in a Liberal State

Religious Beliefs and Conscientious Exemptions in a Liberal State

Name: Religious Beliefs and Conscientious Exemptions in a Liberal State
Brand: Hart Publishing
SKU: 9781509946211
Price: 529.49 HKD
Availability: InStock
Author: John Adenitire
ISBN: 9781509946211

By John Adenitire

Hart Publishing January 2021

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

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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.

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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