David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 30 (2):143-166 (2011)
Several possible approaches can be applied by the state when it responds to religious conscientious objections. These approaches compare the response to religious-conscientious objections with that to non-religious objections. If the content of the objector’s conscience is significant when deciding to grant conscientious exemptions, three approaches to the practice of granting conscientious exemptions are possible: First, a non-neutral liberal approach that takes into consideration the content of the conscience but not its religiosity as such; second, a pro-religious approach; and third, an anti-religious approach. This paper contends that the non-neutral liberal approach and the pro-religious approach should be rejected in favor of an anti-religious approach to granting conscientious exemptions. The proposed anti-religious approach is as follows: (1) unjustified intolerance should not be tolerated; (2) empirical evidence links religion and intolerance – that is, people’s responses to measures of religion and intolerance are closely related; (3) theoretical evidence links (some) religions and intolerance; and (4) the religiosity of conscience gives the state a reason to refuse to grant conscientious exemptions
|Keywords||Philosophy Philosophy of Law Political Science Law Theory/Law Philosophy Logic Social Sciences, general|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Mark R. Wicclair (2011). Conscientious Objection in Health Care: An Ethical Analysis. Cambridge University Press.
Yossi Nehushtan (2011). The Links Between Religion and Intolerance. Philosophy and Theology 23 (1):91-132.
C. A. J. Coady (1997). Objecting Morally. Journal of Ethics 1 (4):375-397.
Michael W. Hickson (2010). Conscientious Refusals Without Conscience. Philo 13 (2):167-184.
Christopher J. Eberle (2013). Comments on Carnahan, Anderson, and Wolterstorff. Philosophia 41 (2):437-445.
Robert Pennock, Death and Taxes: On the Justice of Conscientious War Tax Resistance Robert T. Pennock.
Jon Mahoney (2011). A Democratic Equality Approach to Religious Exemptions. Journal of Social Philosophy 42 (3):305-320.
Andrew Davis (2010). Defending Religious Pluralism for Religious Education. Ethics and Education 5 (3):189 - 202.
Gemma Cornelissen (2012). Belief-Based Exemptions: Are Religious Beliefs Special? Ratio Juris 25 (1):85-109.
Michael McGann (2012). Equal Treatment and Exemptions. Social Theory and Practice 38 (1):1-32.
Jason Brennan (forthcoming). Why Liberal States Must Accommodate Tax Resistors. Public Affairs Quarterly.
Peter West-Oram (2013). Freedom of Conscience and Health Care in the United States of America: The Conflict Between Public Health and Religious Liberty in the Patient Protection and Affordable Care Act. [REVIEW] Health Care Analysis 21 (3):237-247.
Emanuela Ceva (2011). Self-Legislation, Respect and the Reconciliation of Minority Claims. Journal of Applied Philosophy 28 (1):14-28.
Lainie Friedman Ross & Timothy J. Aspinwall (1997). Religious Exemptions to the Immunization Statutes: Balancing Public Health and Religious Freedom. Journal of Law, Medicine & Ethics 25 (2-3):202-209.
Added to index2010-11-18
Total downloads28 ( #97,310 of 1,700,362 )
Recent downloads (6 months)1 ( #362,609 of 1,700,362 )
How can I increase my downloads?