Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Privacy as Property

Privacy as Property

Price: £95.00

Advocacy: A Practical
Guide 2nd ed




 Peter Lyons, Chris Taylor


Welcome to Wildys

Watch


Judicial Cooperation in Commercial Litigation 3rd ed (The British Cross-Border Financial Centre World)



 Ian Kawaley, David Doyle, Shade Subair Williams


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Discrimination By and Against Religion


ISBN13: 9780198926924
To be Published: September 2026
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £104.00





Conflicts involving religion and equality have been salient in many countries in recent years. Although such conflicts are far from new, they have taken new forms. This novelty is partly due to the rise of conservative populism and the way it correlates with religious affiliation, and partly due to local specificity. Whatever the cause, courts and lawmakers have developed new approaches to free exercise as clashes have shifted and intensified. And experts - in law, politics, religion, and philosophy - have kept pace by developing new frameworks for understanding such problems as well as new proposals for solutions.

At least two dynamics are in play: claims of discrimination by religious groups and claims of discrimination against them. On the one hand, religious actors seek exceptions from laws and policies that guarantee equality, while on the other hand, religious actors may seek the protection of antidiscrimination rules. These two dynamics together raise deep questions of political theory. Is religious freedom best conceptualized as a liberty right or as an equality right, or both? Exactly what kind of equality should be afforded to religious actors-protection against discriminatory intent, discriminatory effects, or something more powerful than either of these? Should religion be given special constitutional or political solicitude, as compared to secular conscientious commitments, or is such consideration itself unequal and unwarranted?

This volume interrogates these questions from diverse perspectives, putting into conversation scholars who work in different fields of study and who live in various countries across Europe and North America. Together, its chapters capture the cutting edge of scholarship on questions of religion and equality.

Chapter 16 of this work is available under the terms of a CC BY-NC-ND 4.0 International open access licence. This part of the work is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction

Part I. Equality and Liberty
1:Religious Freedom: A Moral Theory of Mandatory Exemptions
Mark Greenberg and Lawrence G. Sager
2:Liberty and Equality of Conscience
Nelson Tebbe
3:Secular Rules and Indirect Discrimination against Christians
Cécile Laborde
4:The Equality Principle of Religious Freedom
Alan Patten
5:Slipping From Secularism
Micah Schwartzman and Richard Schragger

Part II. Discrimination By and Against Religion
6:Second-Order Religious Discrimination: Who Can Complain?
Kasper Lippert-Rasmussen
7:Combatting Discrimination By and Against Religion: Contrasting Dynamics in European Union Law
Martjin van den Brink
8:Banning "Hate Preachers": Discriminating Against Religion in Order to Limit Religious Discrimination
Sune Lægaard
9:Laïcité as Discrimination?
Stéphanie Hennette Vauchez

Part III. Collective Autonomy
10:Corporate Corporate Religious Liberty
Paul Billingham
11:Three Challenges for Collective Exemptions from Antidiscrimination Laws
Aurélia Bardon
12:Religious Exemptions and Associational Freedom in Employment
Sabine Tsuruda

Part IV. Exemptions and Accommodation
13:Adapting To and By Religion
Adam Omar Hosein
14:Conscientious Exemptions: Is Liberal Neutrality Possible?
John Adenitire
15:The Need to Mind Your Own Business: Why Liberals Should Reject a Broad Approach to Complicity Claims
Ronan McCrea
16:Religion as Disability
Miklós Zala