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.
Edited by:
John Adenitire (Queen Mary University of London)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 244mm,
Width: 169mm,
Weight: 499g
ISBN: 9781509946211
ISBN 10: 1509946217
Pages: 312
Publication Date: 21 January 2021
Audience:
College/higher education
,
Primary
Format: Paperback
Publisher's Status: Active
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
John Adenitire is Strategic Lecturer in the School of Law at Queen Mary, University of London and Fellow of the Institute of Humanities and Social Sciences.
