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Vol 25 No 2 Feb/March 2020

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Religious Beliefs and Conscientious Exemptions in a Liberal State

Edited by: John Adenitire

ISBN13: 9781509920938
Published: June 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

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The central focus of this edited collection is on the ever-growing practice in liberal states of claims to 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. The book provides a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.

Human Rights and Civil Liberties
1. Introduction – John Adenitire
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