This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, (...) whether liberty of conscience requires a secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

It has often been argued that, notwithstanding his commitment to the authoritarian state, Thomas Hobbes is a champion of the "minimal" version of liberty of conscience: namely, the freedom of citizens to think whatever they like as long as they obey the law. Such an interpretation renders Hobbes's philosophy more palatable to contemporary society. Yet the claim is incorrect. Alongside his notion of "private" conscience, namely, Hobbes develops a conception of conscience as a public phenomenon. In (...) the following, it is argued that this inconsistency serves the purpose of deception: it holds out the possibility of dissent while making it impossible to utilise. Arguably, moreover, this is the proper hermeneutical approach to take to Hobbes's inconsistencies in general. Indeed, said inconsistencies ought to alert contemporary normative theorists to the instability of the "minimal" version of liberty of conscience attributed to Hobbes: Hobbes himself, namely, shows that it is insufficient. (shrink)

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether (...) or not to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

In his correspondence, John Locke described his close friend Damaris Masham as ‘a determined foe to ecclesiastical tyranny’ and someone who had ‘the greatest aversion to all persecution on account of religious matters.’ In her short biography of Locke, Masham returned the compliment by commending Locke for convincing others that ‘Liberty of Conscience is the unquestionable Right of Mankind.’ These comments attest to Masham’s personal commitment to the cause of religious liberty. Thus far, however, there has been (...) no scholarly discussion of the tolerationist ethic underlying Masham’s 1705 publication, Occasional Thoughts. In this chapter, I argue that Masham’s work appeals to three common tolerationist principles of her time: the idea that the authorities should not use coercion and penalties as ways of imposing religious beliefs on others; the view that God requires human beings to attain salvation through their own efforts, and not by blindly following the dictates of the state-established religion; and the idea that the granting of liberty of conscience helps to ensure the peace and stability of political society. I show that Masham goes further than her tolerationist contemporaries by arguing that together these principles imply that a woman’s intellectual education—or the conscious cultivation of a woman’s ability to reflect critically on her religious beliefs—is vital for the good of the commonwealth. (shrink)

Locke is known for his place in the history of the liberty of conscience, but he is not known for any significant theory of moral conscience. This article aims at clarifying his views regarding both problems, and argues for the need to discuss both of these questions simultaneously, in order to avoid the trivialization of liberty of conscience.

Our concern for nonhuman nature can be justified in terms of a human right to liberty of ecological conscience. This right is analogous to the right to religious liberty, and is equally worthy of recognition as that fundamental liberty. The liberty of ecological conscience, like religious liberty, is a negative right against interference. Each ecological conscience supports a claim to protection of the parts of nonhuman nature that are current or potential sites (...) of its active pursuit of natural value. If we acknowledge the fallibility of each conscience in its pursuit of genuine natural value, a policy of indefinitely extensive conservation can be justified. Destruction of an object of current or potential natural value is like destroying a church, mosque, temple, or other holy place. This justification for environmental conservation is analogous to the standard justification for individual negative rights, as upheld by the liberal tradition of Locke, Mill, and Rawls. (shrink)

Mill advocated an unqualified defense of the liberty of conscience in the most comprehensive sense, which he understood to include not just the freedom to hold but also to express any opinion or sentiment. Yet considerable dispute persists about the nature of Mill’s argument for freedom of expression and whether his premises can support so strong a conclusion. Two prominent interpretations of Mill that threaten to undermine his uncompromising defense of free speech are considered and refuted. A better (...) interpretation can be founded on Mill’s claim that the liberties of conscience are inseparable in practice. This claim can be defended with modern psychological insight about the nature of cognitive bias, and epistemological insight about why justification of creedal beliefs requires the universal toleration of opinion, insights which are largely anticipated by Mill. This argument is especially vital because it highlights the divide between classical liberalism and progressivism that has become a flashpoint in the current political debate over free speech. (shrink)

Hegel presents significant accounts of “conscience” (Gewissen) at decisive moments both in the early Phenomenology of Spirit and the Philosophy of Right. In spite of some important similarities between these accounts, they present deeply different, perhaps even inconsistent, understandings of the nature and value of individual conscience. Roughly, on the Philosophy of Right account, conscience is fundamentally something inward and individualizing, requiring transformation if it is to be integrated into the social institutions and practices that constitute modern (...) “ethical life.” By contrast, in the Phenomenology of Spirit, conscience is always already fundamentally social, entailing demands that individuals both realize their convictions in actions that are, in principle at least, available to others, and that they be able discursively to articulate, justify, and, in some cases, modify their convictions in relation to others. Drawing on this contrast between two understandings of the nature and value of conscience, I consider two models of the liberty of conscience. On the first model, the liberty of conscience fundamentally entails the need for the protection of an inward sphere over which institutions ought not to attempt to exercise coercive influence. On the second, the liberty of conscience entails acknowledging the discursive and social character of conscience, so that, while individuals should be entitled to a sort of moral autonomy, that autonomy entails an equal demand to be able to justify their convictions to others, and to respond reasonably to the claims that others make on them. I argue that Hegel’s concept of “spirit,” which suggests that selfhood is fundamentally a product of concrete relations among individuals, provides stronger support for the second model of the liberty of conscience. (shrink)

Our concern for nonhuman nature can be justified in terms of a human right to liberty of ecological conscience. This right is analogous to the right to religious liberty, and is equally worthy of recognition as that fundamental liberty. The liberty of ecological conscience, like religious liberty, is a negative right against interference. Each ecological conscience supports a claim to protection of the parts of nonhuman nature that are current or potential sites (...) of its active pursuit of natural value. If we acknowledge the fallibility of each conscience in its pursuit of genuine natural value, a policy of indefinitely extensive conservation can be justified. Destruction of an object of current or potential natural value is like destroying a church, mosque, temple, or other holy place. This justification for environmental conservation is analogous to the standard justification for individual negative rights, as upheld by the liberal tradition of Locke, Mill, and Rawls. (shrink)

This article considers the difficult question of whether there are any reasons for theocratic religious devotees to affirm liberalism and liberal institutions. Swaine argues not only that there are reasons for theocrats to affirm liberalism, but that theocrats are committed rationally to three normative principles of liberty of conscience, as well. Swaine subsequently discusses three institutional and strategic implications of his arguments. First, he outlines an option of semisovereignty for theocratic communities in liberal democracies, and explains why an (...) appropriate valuation of liberty of conscience may justify a standard of that kind. Second, he addresses the question of permissible government aid for religion and symbolic endorsement of religious groups. Third, Swaine considers innovations and new approaches that could be employed internationally to better display liberal government's affirmation of religiosity, to promote liberty of conscience, and to help improve relations between liberal and theocratic parties around the globe. (shrink)

To what extent is individual conscience social in character? Anti-individualist critics have taken issue with the individualistic account of conscience that they find prominent in liberalism. I consider Rawls’s accounts of conscience and the liberty of conscience with a view to understanding the role that sociality might play in the formation and significance of conscience. I defend Rawls against these anti-individualist critics. However, I demonstrate that Rawls’s account of conscience remains bound to a (...) specific metaphysics of the person that is at odds with the anti-foundationalist aims of political liberalism. I argue that, in place of this metaphysics, liberals should adopt a social ontology of the self. (shrink)

According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend that claims of conscience cannot justify demands for exemptions, since they do not meet even the most inclusive standards of public justification. Arguments of the form ‘My conscience says so’ do not explicate the rationale behind the practices that the claimants seek to protect. Therefore, such arguments do not constitute (...) even pro tanto reasons for exemptions. Rather, they are what Francis Bacon called idola fori – ‘idols of the marketplace’– conventional justifications that are deemed rational and even self- evident, while in fact they are not. (shrink)

In a seventeenth-century English landscape populated with towering political and philosophical figures like Hobbes, Harrington, Cromwell, Milton, and Locke, William Penn remains in many ways a man apart. Yet despite being widely neglected by scholars, he was a sophisticated political thinker who contributed mightily to the theory and practice of religious liberty in the early modern Atlantic world. In this long-awaited intellectual biography of William Penn, Andrew R. Murphy presents a nuanced portrait of this remarkable entrepreneur, philosopher, Quaker, and (...) politician.Liberty, Conscience, and Toleration focuses on the major political episodes that attracted William Penn's sustained attention as a political thinker and actor: the controversy over the Second Conventicle Act, the Popish Plot and Exclusion Crisis, the founding and settlement of Pennsylvania, and the contentious reign of James II. Through a careful examination of writings published in the midst of the religious and political conflicts of Restoration and Revolutionary England, Murphy contextualizes the development of Penn's thought in England and America, illuminating the mutual interconnections between Penn's political thought and his colonizing venture in America. An early advocate of representative institutions and religious freedom, William Penn remains a singular figure in the history of liberty of conscience. His political theorizing provides a window into the increasingly vocal, organized, and philosophically sophisticated tolerationist movement that gained strength over the second half of the seventeenth century. Not only did Penn attempt to articulate principles of religious liberty as a Quaker in England, but he actually governed an American polity and experienced firsthand the complex relationship between political theory and political practice. Murphy's insightful analysis shows Penn's ongoing significance to the broader study of Anglo-American political theory and practice, ultimately pointing scholars toward a new way of understanding the enterprise of political theory itself. (shrink)

Despite the increasing amount of literature on the legal and political questions triggered by a commitment to liberty of conscience, an explanation of the normative significance of conscience remains elusive. We argue that the few attempts to address this fail to capture the reasons people have to respect the consciences of others. We offer an alternative account that utilizes the resources of the contractualist tradition in moral philosophy to explain why conscience matters.

This article critically assesses an account of religious liberty often associated with several legal and political philosophers: Ronald Dworkin, John Rawls, and Christopher Eisgruber and Lawrence Sager. Calling it the Religion as Comprehensive Doctrine approach, the author contrasts it with an account often attributed to John Locke and the American Founders Thomas Jefferson and James Madison, the Two Sovereigns approach. He argues that the latter provides an important corrective to RCD’s chief weakness: RCD eliminates from our vision those aspects (...) of religious belief and practice that most conventional religious believers would consider essential to their faith. (shrink)

The following exploration of the fundamentals of the Religious Society of Friends called Quakers will focus upon a lesser known tradition of the Quakers, namely that of the "Free Friends of Philadelphia" and their modern progeny, the Free Quakers of Indiana These Free Quakers, as they are called, are those who chose to exercise their free right to follow their conscience in all things, a tradition reaching back to the 18 th century in Philadelphia when a contingent of Friends (...) chose to support the war against Britain. A great deal is known about the programmed and unprogrammed traditions of the Religious Society of Friends, the former electing to have recorded ministers and formalized worship and the latter opting for no clergy and a preference for the mystical tradition of silent worship. Much less is known about the Free Quakers of Revolutionary Pennsylvania and the subsequent modern day Friends, their ideological progeny. In this brief essay, we intend to correct this common oversight in Quaker history. (shrink)

In this paper, I argue that distinctions between traditional and contemporary accounts of conscience protections, such as the account offered by Aulisio and Arora, fail. These accounts fail because they require an impoverished conception of our moral lives. This failure is due to unnoticed assumptions about the distinction between the traditional and contemporary articulations of conscience protection. My argument proceeds as follows: First, I highlight crucial assumptions in Aulisio and Arora’s argument. Next, I argue that respecting maximal play (...) in values, though a fine goal in our liberal democratic society, raises a key issue in exactly the situations that matter in these cases. Finally, I argue that too much weight is given to a too narrow conception of values. There are differences between appeals to conscience that are appropriately categorized as traditional or contemporary, and a way to make sense of conscience in the contemporary medical landscape is needed. However, the normative implications drawn by Aulisio and Arora do not follow from this distinction without much further argument. I conclude that their paper is a helpful illustration the complexity of this issue and of a common view about conscience, but insofar as their view fails to account for the richness of our moral life, they fail to resolve the issue at hand. (shrink)

ABSTRACT The article examines Old English claims to catholic ‘liberty of conscience’ and the way in which this engendered a discussion of English liberties in Ireland. Old English representatives sought to ground their claims to ‘liberty of conscience’ in established practice, custom and law. Their claims to ‘liberty of conscience’ also brought into play the vocabulary of corporate and parliamentary liberty. In response, New English protestants turned to ideas of duty and citizenship, which (...) were equally embedded in conceptions of English liberties. They argued that a catholic ‘conscience’ sat in opposition to ideas of duty to the king and the commonwealth. In doing so, the New English questioned both the basis and extent of the liberties possessed by the Old English. Such an exchange, this article argues, is illustrative of the way in which an English pairing of liberties, with ideas of duty and active citizenship, opened up an area of dispute involving a shared set of political concepts and vocabulary. (shrink)

Questions about the dignity of the human person give rise to many of the most central and hotly disputed topics in bioethics. In _A Defense of Dignity: Creating Life, Destroying Life, and Protecting the Rights of Conscience_, Christopher Kaczor investigates whether each human being has intrinsic dignity and whether the very concept of "dignity" has a useful place in contemporary ethical debates. Kaczor explores a broad range of issues addressed in contemporary bioethics, including whether there is a duty of "procreative (...) beneficence," the ethics of ectopic pregnancy, and the possibility of "rescuing" human embryos with human wombs or artificial wombs. _A Defense of Dignity_ also treats issues relevant to the end of life, including physician-assisted suicide, provision of food and water to patients in a persistent vegetative state, and how to proceed with organ donation following death. Finally, what are the duties and prerogatives of health care professionals who refuse in conscience to take part in activities that they regard as degrading to human dignity? Should they be forced to do what they consider to be violations of the patient's well being, or does patient autonomy always trump the conscience of a health care professional? Grounded in the Catholic intellectual and moral tradition, _A Defense of Dignity_ argues that all human beings from the beginning to the end of their lives should be treated with respect and considers how this belief should be applied in controversial cases. "_A Defense of Dignity_ provides a skillful, informed, and clear philosophical analysis, from a natural law perspective, of a range of controversial, and sometimes complex, bioethical questions concerning the beginning and end of life. Few authors approach bioethics from a natural law perspective, and few do it as well as Christopher Kaczor. The book should be of interest not only to natural law philosophers and their students, but also to anyone interested in bioethics." —_John Keown, Georgetown University__ "Moral questions at the beginning and ending of life and controversies over liberty of conscience are among the most vexing and important issues of our day. Christopher Kaczor brings his characteristic moral seriousness and philosophical good sense to his treatment of these issues, all of which implicate the key concept of human dignity. This eminently readable collection will provide an invaluable resource for educators and students alike." — Christopher Tollefsen, University of South Carolina_ “Indispensable. Kaczor untangles the various meanings of human dignity to undertake a reexamination of the most serious and difficult issues in medical ethics. The book combines clarity with philosophical precision, faithfulness to Catholic teaching with a thorough engagement with critics." —_J. Budziszewski, University of Texas at Austin_. (shrink)

This volume challenges the view that women have not contributed to the historical development of political ideas, and highlights the depth and complexity of women’s political thought in the centuries prior to the French Revolution. -/- From the late medieval period to the enlightenment, a significant number of European women wrote works dealing with themes of political significance. The essays in this collection examine their writings with particular reference to the ideas of virtue, liberty, and toleration. The figures discussed (...) include Christine de Pizan, Catherine d’Amboise, Isabella d’Este, Elizabeth I, Katherine Chidley, Elizabeth Poole, Margaret Cavendish, Damaris Masham, Mary Astell, Elizabeth Carter, Catharine Macaulay, Mary Wollstonecraft, and Cornélie Wouters. These women actively contributed to the political practice and discourse of their times. Some of the women question their exclusion from political power and argue in favour of women’s virtue, prudence, and capacity to govern. Others aim to demonstrate women’s spiritual equality with men, to defend liberty of conscience, and to highlight the importance of education as a means to moral development. And some women explore the notion of female citizenship or attempt to come to terms with issues of religious freedom and religious toleration. -/- Virtue, Liberty, and Toleration serves as an introduction to a rich and as yet under-explored period in the history of women’s ideas. (shrink)

This article is an introduction to a special issue on ‘Contexts of Religious Tolerance: New Perspectives from Early Modern Britain and Beyond’, which contains essays on the contributions to the debates on tolerance by non-canonical philosophers and theologians, mainly from seventeenth- and eighteenth-century Scotland and England. Among the studied authors are the Aberdeen Doctors, Samuel Rutherford, James Dundas, John Finch, George Keith, John Simson, Archibald Campbell, Francis Hutcheson, George Turnbull and John Witherspoon. The introduction draws attention to several methodological points (...) connected to the decision to look at the debates on tolerance through the prism of rarely studied authors. It then presents the essays, which offer novel perspectives by analysing and contextualising political, religious and moral treatments of tolerance. These are tied especially to debates on the articles of faith and on their status, on confessions of faith and their role in the quest for orthodoxy, on liberty of conscience, and on the relation between church and state. (shrink)

_From one of the leading historians of Christianity comes this sweeping reassessment of religious freedom, from the church fathers to John Locke_ In the ancient world Christian apologists wrote in defense of their right to practice their faith in the cities of the Roman Empire. They argued that religious faith is an inward disposition of the mind and heart and cannot be coerced by external force, laying a foundation on which later generations would build. Chronicling the history of the struggle (...) for religious freedom from the early Christian movement through the seventeenth century, Robert Louis Wilken shows that the origins of religious freedom and liberty of conscience are religious, not political, in origin. They took form before the Enlightenment through the labors of men and women of faith who believed there could be no justice in society without liberty in the things of God. This provocative book, drawing on writings from the early Church as well as the sixteenth and seventeenth centuries, reminds us of how “the meditations of the past were fitted to affairs of a later day.”. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

"Many in elite circles yield to the temptation to believe that anyone who disagrees with them is a bigot or a religious fundamentalist. Reason and science, they confidently believe, are on their side. With this book, I aim to expose the emptiness of that belief." --From the introductionAssaults on religious liberty and traditional morality are growing fiercer. Here, at last, is the counterattack.Showcasing the talents that have made him one of America's most acclaimed and influential thinkers, Robert P. George (...) explodes the myth that the secular elite represents the voice of reason. In fact, George shows, it is on the elite side of the cultural divide where the prevailing views frequently are nothing but articles of faith. Conscience and Its Enemies reveals the bankruptcy of these too often smugly held orthodoxies while presenting powerfully reasoned arguments for classical virtues.In defending what James Madison called the "sacred rights of conscience"--rights for which government shows frightening contempt--George grapples with today's most controversial issues: abortion and infanticide, same-sex marriage, genetic manipulation, euthanasia and assisted suicide, religion in politics, judicial activism, and more. His brilliantly argued essays rely not on theological claims or religious authority but on established scientific facts and a philosophical tradition that extends back to Plato and Aristotle.Conscience and Its Enemies elevates our national debates. It sets forth powerful arguments that secular liberals are unaccustomed to hearing--and that embattled defenders of traditional morality so often fail to marshal. It also lays out the principles and arguments for rebuilding a moral order. (shrink)

… no physician, in so far as he is a physician, considers his own good in what he prescribes, but the good of his patient, for the true physician … is not a mere money-maker.A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care.[We] are agents. Our constitution is put in our power. We are charged with it; (...) and therefore are accountable for any disorder or violation of it.Conscience is a sense of duty that inhibits and prompts conduct by threatening distress for noncompliance. Liberty—to live according to the dictates of one's conscience and not to be compelled to live in... (shrink)

The book provides a detailed introduction to a major debate in bioethics, as well as a rigorous account of the role of conscience in professional decision-making. Exploring the role of conscience in healthcare practice, this book offers fresh counterpoints to recent calls to ban or severely restrict conscience objection. It provides a detailed philosophical account of the nature and moral import of conscience, and defends a prima facie right to conscientious objection for healthcare professionals. The book (...) also has relevance to broader debates about religious liberty and civil rights, such as debates about the rights and duties of persons and institutions who refuse services to clients on the basis of a religious objection. The book concludes with a discussion of how to regulate individual and institutional conscientious objection, and presents general principles for the accommodation of individual conscientious objectors in the healthcare system. This book will be of value to students and scholars in the fields of moral philosophy, bioethics and health law. (shrink)

Most people who write about punishment ask, Why may we punish the guilty? I want to ask, Why should the guilty put up with it? or, more specifically, To what extent does a person guilty of an offense have a duty to submit to punishment? ;This question forms the topic of the thesis. The work is divided into two parts, of three chapters each. In Part 1, I argue for the importance of the question. In Part 2, I try to (...) answer the question. ;In Chapter 1, I argue for the claim that the question of submission to punishment is in fact the central question of the theory of punishment. This being conceded, I argue in chapters 2 and 3 that we must consequently change our conception of punishment. We cannot define 'punishment' in the traditional way, as necessarily involving pain, suffering, or other sorts of disvalue ; rather, 'punishment' is to be defined by the justificatory connection between punishment and offense . ;In Chapter 4, I develop what I call the rectificatory theory of punishment. This theory views some punishments as required in order to maintain the equality of basic liberties: people who commit certain offenses thereby arrogate excess basic liberties, and must by way of punishment give up an equivalent body of liberties. In Chapter 5, I incorporate the rectificatory theory into a more general theory of punishment, a theory derived from John Rawls's version of the social contract. I argue there that punishment derives from the social contract in three distinct ways: by literal application, by reinterpretation, and by repudiation. Finally, in Chapter 6, I argue that this theory of punishment requires us to look at the contract in a certain way: the contract establishes a relationship of fraternity among the parties, not merely as a pleasant after-effect, but as something essential to the contract. (shrink)

This chapter contains sections titled: Must Liberty and Equality Come Apart? Freedom of Conscience Self‐Ownership and Universal Suffrage Slavery Women's Rights The Cold War Thurgood Marshall Discussion Acknowledgments.

In lieu of an abstract, here is a brief excerpt of the content:Lord Nottingham and the Conscience of EquityDennis R. KlinckI. Introduction"There is nothing more in our Mouths than Conscience," wrote John Sharp in the 1680s, echoing a sentiment that had been expressed before in the seventeenth century.1 Indeed, one modern writer has observed, uncontroversially, that that century "can justly be called the Age of Conscience."2 Among the foci of this preoccupation one can identify such topics as (...) moral and religious casuistry and "liberty of conscience." My focus in this paper is somewhat different: conscience as a criterion of judgment in the Court of Chancery—the court of equity—and particularly its meaning for Heneage Finch, Lord Nottingham, successively Lord Keeper and Lord Chancellor from 1673 to 1682, a seminal figure in the history of English equity.The intimate connection of conscience with the equitable jurisdiction [End Page 123] is a commonplace,3 and certain aspects of it have been quite thoroughly studied.4 A central problem that has been identified with resort to conscience as a criterion of legal judgment is its subjective and hence ostensibly arbitrary nature. This concern goes back a long way. Thomas Audley, in 1526, argued that conscience was an uncertain ground of law because "it depended upon the 'arbitrament' of one man, the chancellor alone."5 The author of The Replication of a Serjeant at the Laws of England similarly raised the complaint of "divers men, divers conscience."6 No doubt the most remembered comment of this sort is John Selden's that the spaciousness of chancellors' consciences might vary as much as the length of their respective feet, so that equitable adjudication on the basis of conscience was "a roguish thing."7 Nottingham himself balked at the idea that justice might be dispensed according to the kind of conscience that amounted only to "the pleasure of a Court which took upon itself to be purely arbitrary."8Indeed, as the father of systematic equity,9 Nottingham apparently devoted himself to the project, undertaken in some measure by certain of his predecessors,10 of making the jurisdiction regular. He repeatedly makes this [End Page 124] point. In the case just cited, he observes that "equity itself would cease to be Justice if the rules and measures of it were not certain and known" and that "conscience" has to be "dispensed by the rules of science" (639). "Rules," "measures," and "science" are by-words of his preoccupation. Elsewhere, he asserts that "if equity be tied to no rule... everything becomes arbitrary."11At the same time, he did not abandon conscience as a kind of touchstone of equity. He refers to it repeatedly, and often speaks of Chancery as a "court of conscience,"12 as if this was a perfectly natural way of describing it. So the question becomes: how did he reconcile the tendency towards arbitrariness thought to be implicit in "conscience" with the ruled, measured, scientific system that he sought to develop? Or putting the question slightly differently: how did he understand or limit the notion of "conscience" so as to make it compatible with the "regular equity" to which he aspired?What appears to have been a crucial distinction for Nottingham in this regard was that between private conscience and public, or perhaps civic, conscience. In the Prolegomena, he says that "there is a twofold conscience, viz. conscientia politica et civilis, et conscientia naturalis et interna" and that "[m]any things are against inward and natural conscience, which cannot be reformed by the regular and political administration of equity" (194). He makes the point again in "the great case" of Cook v. Fountain: "With such a conscience which is only naturalis et interna this Court hath nothing to do; the conscience by which I am to proceed is merely civilis et politica, and tied to certain measures...."13 As Yale points out, this distinction was not new with Nottingham. The distinction between the forum internum and the forum externum was venerable;14 an anonymous Elizabethan case distinguishes between matters of conscience in which equity will intervene and those that must be left to the party's own moral judgment;15 Francis Bacon recognized, at least as alternatives, a party... (shrink)

The transition away from the highly intolerant and persecutory regimes of late-medieval and early-modern Europe was facilitated by four important developments. First, Europeans learned that social order and cohesion are threatened less by diversity than by intolerance of it. Second, the traditionally paternalist vision of the state’s role was called into question by a new valuation of the individual conscience and consequently of individual liberties. Third, the assumption that the meaning of symbols is objectively determined was replaced by the (...) recognition that symbols are intersubjectively determined by convention. Fourth, Europeans began to distinguish two senses of publicity: visibility and representativeness. The tenacious hold of these four assumptions is illustrated by laws of laïcité, which harken back to the medieval mindset on all four counts. (shrink)

Our society's longstanding commitment to the liberty of conscience has become strained by our increasingly muddled understanding of what conscience is and why we value it. Too often we equate conscience with individual autonomy, and so we reflexively favor the individual in any contest against group authority, losing sight of the fact that a vibrant liberty of conscience requires a vibrant marketplace of morally distinct groups. Defending individual autonomy is not the same as defending (...) the liberty of conscience because, although conscience is inescapably personal, it is also inescapably relational. Conscience is formed, articulated, and lived out through relationships, and its viability depends on the law's willingness to protect the associations and venues through which individual consciences can flourish: these are the myriad institutions that make up the space between the person and the state. Conscience and the Common Good reframes the debate about conscience by bringing its relational dimension into focus. (shrink)

In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions the justification for the limits of freedom of conscience and religion, freedom of speech, freedom of action, and the nature of liberalism itself. This new Broadview Edition demonstrates the ways in which Mill’s intellectual (...) landscape differed markedly from our own, while also drawing attention to the reasons why the work remains relevant and essential reading in the present day. Appendices include antecedents to Mill’s work, critical discussions by his contemporaries, and related writings by Mill. Please note: Broadview offers two separate editions of On Liberty. The Kahn edition is particularly relevant to readers who are interested in how the work is situated in the history of political philosophy, whereas the Alexander edition is recommended to those most interested in the work’s Victorian literary and social contexts. (shrink)

The history of the world as regards the conquest of human rights and among them the respect for the liberties of conscience, religion, and worship is written in some enlighted but also in many dark and outrageous pages. In spite of the ongoing struggle—from ancient to postmodern times—in behalf of t..

In her book Liberty of Conscience: In Defense of America's Tradition of Religious Equality the American philosopher Martha Nussbaum joins a chorus of American intellectuals who have criticized France and other European nations for their failure to embrace the concept of cultural pluralism. In Nussbaum's opinion, the meaning that the French attach to egalité has remained stuck in circumstances peculiar to the eighteenth century. The concept is outdated and has not in the contemporary world been able to protect (...) cultural diversity in general and religious diversity in particular. Her book takes to task what she terms “the French tradition of “coercive assimilation” that is insensitive to what George Washington stressed as the “‘delicacy and tenderness’ that is owed to other people's ‘conscientious scruples.’” The French refusal to allow Muslim schoolgirls to cover their heads with a foulard, however stylish it might be, is linked back to the French emancipation of Jews that required, in Nussbaum's analysis, a heavy requirement of cultural erasure. The French, like most Europeans, grew used to the idea “that citizens are all alike,” an idea that now haunts France as it tries to figure out what to do with its Muslim population. (shrink)

The system of free expression John Milton defends in Areopagitica, a pamphlet against prior restraint in publishing, is often characterized as merely a proto-liberal, truth-based marketplace of ideas theory. But this represents a misunderstanding of Milton’s views on the freedoms of conscience, speech, and the press. The tendency in political theory, philosophy, and law to reduce the “free speech Milton” to Areopagitica, and the reduction of that essay to several soundbites, has meant sidelining both the significant exceptions to expressive (...) liberties that Milton calls for and also the role of the social in his theory. This incomplete characterization has enabled Milton’s misuse in First Amendment discourse and jurisprudence, where he is made to support hierarchical approaches to free speech that privilege public political speech and are therefore ill-equipped to address the full range of communicative experiences. More comprehensive readings of Milton, however, reveal both certain limits to free expression, and also deep consideration for a wide range of speech acts. By reading Milton’s theory of expressive liberties in light of the justifications he provides for those freedoms—i.e., virtue-building and Truth-seeking—this essay provides a fuller account of his views. What emerges is a distinctly Miltonian, virtue-driven “political theory of everyday talk” that locates value in even the most ordinary communicative acts. This theory—embracing both verbal and nonverbal expression—not only complements existing political theories of the everyday but can also help illuminate contemporary free speech concerns, many of which stem from the libertarian approach to expressive liberties that Milton helped inspire. (shrink)

Quelle lumière l'idée d'athéisme et la figure de l'athée jettent-elle sur les concepts de tolérance, de liberté de conscience et de laïcité? Pour répondre à cette question, cet ouvrage fait le choix d'éclairer le présent par une perspective historique, en analysant la manière dont l'athéisme est apparu et s'est développé dans le questionnement théologico-politique et philosophique depuis le XVIIe siècle."--Page 4 of cover.

Lucas Swaine attempts to persuade theocrats of the value of liberty of conscience. But his promotion of principles of conscience for theocratic communities reveals a divided spirit in contemporary liberalism, which is torn between wanting to respect religion as it is and wanting to reform or liberalize it.

In Hobbes scholarship, interpretations of his political philosophy as a liberal one have been substantiated with the argument that it contains a doctrine of toleration and defends the subjects’ liberty of conscience. I will argue that this argument is wrong. While Hobbes does accept a (limited) possibility of inner dissent, he rejects any right of citizens to openly declare their dissenting opinions and suggests means to influence these opinions and beliefs. While according to Hobbes the state should secure (...) and use a monopoly of public and political education this paper argues, drawing on recent scholarship, that this does not account for an unlicensed call to indoctrinate. Yet it also does not account for a doctrine of toleration, even if a limited liberty of conscience is granted. (shrink)

ABSTRACT This article engages with a key interpretive puzzle in Hobbes’s political thought – his seemingly contradictory view of liberty of conscience – and argues that Hobbes theorizes civic education as a powerful tool to confront and refashion prevailing views of conscience in early modernity. While influential accounts have recovered more ‘tolerant’ arguments in Hobbes’s political thought, recent revisionist accounts have argued that Hobbes does not merely advocate for the compulsion of outward conformity but also subjects’ inward (...) persuasion. Yet this nuanced attention to the sovereign’s role in cultivating obedient, peaceful subjects does not attend fully to his shaping of the consciences of his subjects. Situating Hobbes in the early modern discourse on casuistry, as well as political debates on educational reform, reveals that the sovereign can and should try to shape the consciences of subjects, specifically returning to a view of conscience as a kind of ‘knowing with’ others. Reframing Hobbes’s project of civic education as a strategy to ‘gently instill’ the consciences of subjects does not merely shed light on the interpretive puzzle of Hobbes’s ambivalence towards toleration but also draws attention to one of the most powerful and arguably underappreciated ways to overcome the threat of conscience to sovereignty. (shrink)

Citing grounds of conscience, pharmacists are increasingly refusing to fill prescriptions for emergency contraception, or the "morning-after pill." Whether correctly or not, these pharmacists believe that emergency contraception either constitutes the destruction of post-conception human life, or poses a significant risk of such destruction. We argue that the liberty of conscientious refusal grounds a strong moral claim, one that cannot be defeated solely by consideration of the interests of those seeking medication. We examine, and find lacking, five arguments (...) for requiring pharmacists to fill prescriptions. However, we argue that in their professional context, pharmacists benefit from liberty restrictions on those seeking medication. What would otherwise amount to very strong claims can be defeated if they rest on some prior restriction of the liberty of others. We conclude that the issue of what policy should require pharmacists to do must be settled by way of a theory of second best. Asking "What is second best?" rather than "What is best?" offers a way to navigate the liberty restrictions that may be fixed obstacles to optimality. (shrink)

In Towards the Light, A.C. Grayling tells the story of the long and difficult battle for freedom in the West, from the Reformation to the Universal Declaration of Human Rights, from the battle for the vote to the struggle for the right to freedom of conscience. As Grayling passionately affirms, it is a story - and a struggle - that continues to this day as those in power use the threat of terrorism in the 21st century to roll-back the (...) liberties that so many have fought and died to win for us. Including an appendix of landmark documents, including the British and American Bills of Rights and the Declaration of the Rights of Man and of the Citizen, the Bloomsbury Revelations edition also includes a new preface by the author reflecting on developments since the book's original publication. (shrink)

This article sets forth Voltaire’s philosophy of liberty. Contrary to generally accepted readings, which take Voltaire at face value rather than considering the environment in which he wrote, Voltaire had a clear normative political thought. He was an early proponent of rule of law, ordered liberty, freedom of conscience and expression, and the right to prudent rebellion against tyranny. At the root of his political theory lay a rejection of slavery, and hence of all forms of subjugation.

In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions attempts to limit freedom of conscience and religion, freedom to pursue one’s own interests, and freedom to unite, and he defends a liberal political and social order in which there is considerable room for (...) personal development and freedom of association. This new Broadview Edition demonstrates the ways in which Mill’s intellectual landscape differed markedly from our own, while also drawing attention to the reasons why the work remains relevant and essential reading in the present day. Appendices include antecedents to Mill’s work, critical discussions by his contemporaries, and related writings by Mill. Please note: Broadview offers two separate editions of _On Liberty_. The Kahn edition is particularly relevant to readers who are interested in how the work is situated in the history of political philosophy, whereas the Alexander edition is recommended to those most interested in the work’s Victorian literary and social contexts. (shrink)