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Author : John Adenitire
Publisher : Cambridge University Press
Page : 335 pages
File Size : 55,9 Mb
Release : 2020-07-16
Category : Law
ISBN : 9781108478458
A sustained argument that a general right to conscientious exemption should be equally available to religious and non-religious objectors alike.
Author : John Adenitire
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 54,8 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781509920952
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.
Author : Alberto Giubilini
Publisher : Springer
Page : 126 pages
File Size : 51,6 Mb
Release : 2018-12-28
Category : Philosophy
ISBN : 9783030020682
This open access book discusses individual, collective, and institutional responsibilities with regard to vaccination from the perspective of philosophy and public health ethics. It addresses the issue of what it means for a collective to be morally responsible for the realisation of herd immunity and what the implications of collective responsibility are for individual and institutional responsibilities. The first chapter introduces some key concepts in the vaccination debate, such as ‘herd immunity’, ‘public goods’, and ‘vaccine refusal’; and explains why failure to vaccinate raises certain ethical issues. The second chapter analyses, from a philosophical perspective, the relationship between individual, collective, and institutional responsibilities with regard to the realisation of herd immunity. The third chapter is about the principle of least restrictive alternative in public health ethics and its implications for vaccination policies. Finally, the fourth chapter presents an ethical argument for unqualified compulsory vaccination, i.e. for compulsory vaccination that does not allow for any conscientious objection. The book will appeal to philosophers interested in public health ethics and the general public interested in the philosophical underpinning of different arguments about our moral obligations with regard to vaccination.
Author : Mark R. Wicclair
Publisher : Cambridge University Press
Page : 267 pages
File Size : 46,5 Mb
Release : 2011-05-26
Category : Philosophy
ISBN : 9781139500197
Historically associated with military service, conscientious objection has become a significant phenomenon in health care. Mark Wicclair offers a comprehensive ethical analysis of conscientious objection in three representative health care professions: medicine, nursing and pharmacy. He critically examines two extreme positions: the 'incompatibility thesis', that it is contrary to the professional obligations of practitioners to refuse provision of any service within the scope of their professional competence; and 'conscience absolutism', that they should be exempted from performing any action contrary to their conscience. He argues for a compromise approach that accommodates conscience-based refusals within the limits of specified ethical constraints. He also explores conscientious objection by students in each of the three professions, discusses conscience protection legislation and conscience-based refusals by pharmacies and hospitals, and analyzes several cases. His book is a valuable resource for scholars, professionals, trainees, students, and anyone interested in this increasingly important aspect of health care.
Author : Hitomi Takemura
Publisher : Springer Science & Business Media
Page : 259 pages
File Size : 52,7 Mb
Release : 2008-12-14
Category : Law
ISBN : 9783540705277
International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.
Author : Susanna Mancini,Michel Rosenfeld
Publisher : Unknown
Page : 515 pages
File Size : 49,5 Mb
Release : 2018-07-05
Category : Law
ISBN : 9781107173309
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Author : Kimberley Brownlee
Publisher : OUP Oxford
Page : 280 pages
File Size : 43,9 Mb
Release : 2012-10-18
Category : Law
ISBN : 9780191645921
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Author : Mitja Sardoč
Publisher : Palgrave Macmillan
Page : 1174 pages
File Size : 51,9 Mb
Release : 2021-09-23
Category : Political Science
ISBN : 3030421201
The Palgrave Handbook of Toleration aims to provide a comprehensive presentation of toleration as the foundational idea associated with engagement with diversity. This handbook is intended to provide an authoritative exposition of contemporary accounts of toleration, the central justifications used to advance it, a presentation of the different concepts most commonly associated with it (e.g. respect, recognition) as well as the discussion of the many problems dominating the controversies on toleration at both the theoretical or practical level. The Palgrave Handbook of Toleration is aimed as a resource for a global scholarly audience looking for either a detailed presentation of major accounts of toleration, the most important conceptual issues associated with toleration and the many problems dividing either scholars, policy-makers or practitioners.
Author : Claude Proeschel,David Koussens,Francesco Piraino
Publisher : Routledge
Page : 138 pages
File Size : 41,9 Mb
Release : 2021-03-31
Category : Political Science
ISBN : 9781000372557
This book provides a multidisciplinary and comparative look at the contemporary phenomenon of conscientious objection or contestation in the name of religion and examines the key issues that emerge in terms of citizenship and democracy. These are analysed by looking at the different ways of challenging or contesting a legal obligation on the grounds of religious beliefs and convictions. The authors focus on the meaning of conscientious objection which asserts the legitimacy of convictions — in particular religious convictions — in determining the personal or collective relevance of the law and of public action. The book begins by examining the main theoretical issues underlying conscientious objection, exploring the implications of the protection of freedom of conscience, the place of religion in the secular public sphere, and the recognition and respect of ethical pluralism in society. It then focuses on the question of exemptions and contestations of civil norms, using a multidisciplinary approach to highlight the multiple and diverse issues surrounding them, as well as the motives behind them. This book will be of great interest to scholars, specialists, and graduate and advanced undergraduate students who are interested in issues of religious diversity. Researchers and policymakers in think-tanks, NGOs and government units will find the volume useful in helping to identify key issues in understanding the phenomenon of conscientious objection and its implications in managing ethical diversity in contemporary societies.
Author : Ö. Ç?nar
Publisher : Springer
Page : 285 pages
File Size : 45,9 Mb
Release : 2013-12-17
Category : Law
ISBN : 9781137366085
This book examines the right to conscientious objection in international human rights law. It begins with an exploration of the concept of conscience and its evolution. Ozgur Heval o inar analyzes human rights law at both the international and regional level, considering UN, European, and inter-American mechanisms.
Author : Kevin Vallier,Michael E. Weber
Publisher : Oxford University Press
Page : 329 pages
File Size : 55,6 Mb
Release : 2018
Category : Law
ISBN : 9780190666187
Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.
Author : Nicholas A. Krehbiel
Publisher : University of Missouri
Page : 0 pages
File Size : 53,6 Mb
Release : 2012-02-24
Category : History
ISBN : 0826219411
During World War II, the United States drafted 10.1 million men to serve in the military. Of that number, 52,000 were conscientious objectors, and 12,000 objected to noncombatant military service. Those 12,000 men served the country in Civilian Public Service, the program initiated by General Lewis Blaine Hershey, the director of Selective Service from 1941 to1970. Despite his success with this program, much of Hershey’s work on behalf of conscientious objectors has been overlooked due to his later role in the draft during the Vietnam War. Seeking to correct these omissions in history, Nicholas A. Krehbiel provides the most comprehensive and well-rounded examination to date of General Hershey’s work as the developer and protector of alternative service programs for conscientious objectors. Hershey, whose Selective Service career spanned three major wars and six presidential administrations, came from a background with a tolerance for pacifism. He served in the National Guard and later served in both World War I and the interwar army. A lifelong military professional, he believed in the concept of the citizen soldier—the civilian who responded to the duty of service when called upon. Yet embedded in that idea was his intrinsic belief in the American right to religious freedom and his notion that religious minorities must be protected. What to do with conscientious objectors has puzzled the United States throughout its history, and prior to World War II, there was no unified system for conscientious objectors. The Selective Service Act of 1917 only allowed conscientious objection from specific peace sects, and it had no provisions for public service. In action, this translated to poor treatment of conscientious objectors in military prisons and camps during World War I. In response to demands by the Historic Peace Churches (the Brethren, Mennonites, and the Society of Friends) and other pacifist groups, the government altered language in the Selective Service Act of 1940, stating that conscientious objectors should be assigned to noncombatant service in the military but, if opposed to that, would be assigned to “work of national importance under civilian direction.” Under the direction of President Franklin D. Roosevelt and with the cooperation of the Historic Peace Churches, Hershey helped to develop Civilian Public Service in 1941, a program that placed conscientious objectors in soil conservation and forestry work camps, with the option of moving into detached services as farm laborers, scientific test subjects, and caregivers, janitors, and cooks at mental hospitals. Although the Civilian Public Service program only lasted until 1947, alternative service was required for all conscientious objectors until the end of the draft in 1973. Krehbiel delves into the issues of minority rights versus mandatory military service and presents General Hershey’s pivotal role in the history of conscientious objection and conscription in American history. Archival research from both Historic Peace Churches and the Selective Service makes General Lewis B. Hershey and Conscientious Objection during World War II the definitive book on this subject.
Author : Sara Fovargue,Alexandra Mullock
Publisher : Routledge
Page : 256 pages
File Size : 45,5 Mb
Release : 2015-08-11
Category : Law
ISBN : 9781317591726
Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: http://preview.ncbi.nlm.nih.gov/books/prevqa/NBK199156/ .
Author : Brian Leiter
Publisher : Princeton University Press
Page : 215 pages
File Size : 55,6 Mb
Release : 2014-08-24
Category : Law
ISBN : 9781400852345
Why it's wrong to single out religious liberty for special legal protections This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
Author : Iain T. Benson,Barry W. Bussey
Publisher : Unknown
Page : 430 pages
File Size : 42,9 Mb
Release : 2017-09
Category : Freedom of religion
ISBN : 0433495626
In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.
