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Conscience and Conscientious Objections by Anders Schinkel Pdf
In Western countries conscientious objection is usually accommodated in various ways, at least in certain areas (military conscription, medicine) and to some extent. It appears to be regarded as fundamentally different from other kinds of objection. But why? This study argues that conscientious objection cannot be understood as long as conscience is misunderstood. The author provides a new interpretation of the historical development of expressions of conscience and thought on the subject, and offers a new approach to conscientious objection rooted in the symbol-approach to conscience.
Conscientious Objection in Health Care by Mark R. Wicclair Pdf
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.
The First World War's appalling death toll and the need for a sense of equality of sacrifice on the home front led to Canada's first experience of overseas conscription. While historians have focused on resistance to enforced military service in Quebec, this has obscured the important role of those who saw military service as incompatible with their religious or ethical beliefs. Crisis of Conscience is the first and only book about the Canadian pacifists who refused to fight in the Great War. The experience of these conscientious objectors offers insight into evolving attitudes about the rights and responsibilities of citizenship during a key period of Canadian nation building.
The Conscience Wars by Susanna Mancini,Michel Rosenfeld Pdf
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Conscience, Government and War by Rachel Barker Pdf
This book, first published in 1982, is a systematic and detached analysis of the 60,000 British conscientious objectors in the Second World War, forming an examination of the relationship between the individual and the State in time of war. It sets out to show how the British Government dealt with the challenge that conscientious objectors posed and how far it was able to correct the abuses and injustices that occurred in the First World War. It traces the background of pacifism between the Wars and the introduction of conscription, and gives a detailed account of the functioning of the Conscientious Objectors’ Tribunals and an assessment of their work. It goes on to examine the reactions and attitudes of Tribunal members, employers and the rest of the population, and how these were affected by the Government lead. It recounts the experience of objectors in civilian life and private and public employment, and how they fared in the armed forces and prisons. It also assesses the contributions made by the voluntary organisations who helped conscientious objectors in the war.
Opting Out: Conscience and Cooperation in a Pluralistic Society by David S. Oderberg Pdf
Should people with deeply held objections to certain practices be allowed to opt out of involvement with them? Should a Christian baker who objects to homosexuality be allowed to deny service to a customer seeking a cake for a gay wedding? Should a Catholic nurse be able to refuse to contribute to the provision of abortions without losing her job? The law increasingly answers no to such questions. But David Oderberg argues that this is a mistake. He contends that in such cases, opting out should be understood as part of a right of dissociation – and that this right needs better legal protection than it now enjoys.
A New Theory of Conscientious Objection in Medicine by Robert F. Card Pdf
This book argues that a conscientiously objecting medical professional should receive an exemption only if the grounds of an objector’s refusal are reasonable. It defends a detailed, contextual account of public reasonability suited for healthcare, which builds from the overarching concept of Rawlsian public reason. The author analyzes the main competing positions and maintains that these other views fail precisely due to their systematic inattention to the grounding reasons behind a conscientious objection; he argues that any such view is plausible to the extent that it mimics the ‘reason-giving requirement’ for conscience objections defended in this work. Only reasonable objections can defeat the prior professional obligation to assign primacy to patient well-being, therefore one who refuses a patient’s request for a legally available, medically indicated, and safe service must be able to explain the grounds of their objection in terms understandable to other citizens within the public institutional structure of medicine. The book further offers a novel policy proposal to deploy the Reasonability View: establishing conscientious objector status in medicine. It concludes that the Reasonability View is a viable and attractive position in this debate. A New Theory of Conscientious Objection in Medicine: Justification and Reasonability will be of interest to researchers and advanced students working in bioethics, medical ethics, and philosophy of medicine, as well as thinkers interested in the intersections between law, medical humanities, and philosophy.
Conflicts of Conscience in Health Care by Holly Fernandez Lynch Pdf
A balanced proposal that protects both a patient's access to care and a physician's ability to refuse to provide certain services for reasons of conscience. Physicians in the United States who refuse to perform a variety of legally permissible medical services because of their own moral objections are often protected by “conscience clauses.” These laws, on the books in nearly every state since the legalization of abortion by Roe v. Wade, shield physicians and other health professionals from such potential consequences of refusal as liability and dismissal. While some praise conscience clauses as protecting important freedoms, opponents, concerned with patient access to care, argue that professional refusals should be tolerated only when they are based on valid medical grounds. In Conflicts of Conscience in Health Care, Holly Fernandez Lynch finds a way around the polarizing rhetoric associated with this issue by proposing a compromise that protects both a patient's access to care and a physician's ability to refuse. This focus on compromise is crucial, as new uses of medical technology expand the controversy beyond abortion and contraception to reach an increasing number of doctors and patients. Lynch argues that doctor-patient matching on the basis of personal moral values would eliminate, or at least minimize, many conflicts of conscience, and suggests that state licensing boards facilitate this goal. Licensing boards would be responsible for balancing the interests of doctors and patients by ensuring a sufficient number of willing physicians such that no physician's refusal leaves a patient entirely without access to desired medical services. This proposed solution, Lynch argues, accommodates patients' freedoms while leaving important room in the profession for individuals who find some of the capabilities of medical technology to be ethically objectionable.
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.
Selective Conscientious Objection by Michael F Noone Jr Pdf
Demographic trends indicate that, if the size of our nation's military forces is to be maintained through the 1990s, a larger proportion of the declining number of eligible young men and women must be recruited and retained. Some experts have suggested that it may be necessary to return to conscription in order to achieve the necessary force levels. However, the pool of young people, on whom the military must rely, have had the unprecedented experience of having been exhorted for most of their lives to conscientiously question the use of armed force. Our political and moral systems are in conflict over their right to refuse military service. Ninety-four percent of Americans believe in God and seventy percent attend a church or synagogue. 1 Their religious leaders insist on the individual's obligation to selectively object to the use of military force and urge that the law be changed to protect selective objectors. At present, the legal system recognizes only the conscientious objection claims of complete pacifists, who need not be religiously motivated.
Conscience in Reproductive Health Care by Carolyn McLeod Pdf
In Conscience in Reproductive Health Care, Carolyn McLeod responds to a growing worldwide trend of health care professionals conscientiously refusing to provide abortions and similar reproductive health services in countries where these services are legal and professionally accepted. She argues that conscientious objectors in health care should have to prioritize the interests of patients in receiving care over their own interest in acting on their conscience. McLeod defends this 'prioritizing approach' to conscientious objection over the more popular 'compromise approach' in bioethics-without downplaying the importance of health care professionals having a conscience or the moral complexity of their conscientious refusals. She begins with a description of what is at stake for the main parties to the conflicts generated by conscientious refusals in reproductive health care: the objector and the patient. Her central argument for the prioritizing approach is that health care professionals who are charged with gatekeeping access to services such as abortions are fiduciaries for their patients and for the public they are licensed to serve. As such, they have a duty of loyalty to these beneficiaries and must give primacy to their interests in gaining access to care. McLeod provides insights into ethical issues extending beyond the question of conscientious refusal, including the value of conscience and the fundamental moral nature of the relationships health care professionals have with current and prospective patients.
Conscientious Objection and Human Rights by Grégor Puppinck Pdf
This study clarifies to which extent it is legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions.
The International Human Right to Freedom of Conscience by Leonard Hammer Pdf
This title was first published in 2002: This text addresses the problem of conflict that arises between the human right to freedom of religion and the human right to freedom of belief, for example, certain religious beliefs are in conflict with certain women's rights. The pricipal goal of this book is to distinguish between the more formalized, and recognized, notion of protecting religious beliefs from what is referred to as conscientious beliefs - a belief external to a religious context.
Conscience and Conviction by Kimberley Brownlee Pdf
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.