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ARCHIV GEWISSENSFREIHEIT
2003 - 2022
herausgegeben von Paul Tiedemann

1. Gewissensfreiheit allgemein
1.2. Juristische Literatur
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John Adentire (ed)
Religious Beliefs and Conscientious Exemptions in a Liberal State
Oxford: Hart 2021

From the Publisher's Website:

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.

Table of Contents

PART A
THEORETICAL REFLECTIONS ON CONSCIENTIOUS EXEMPTIONS
John Corvino: Is Religion Special? Exemptions, Conscience and the Culture Wars
Peter Jones: Conscientious Claims, Ill-Founded Belief and Religious Exemption
Paul Billingham: Exemptions for Religious Groups and the Problem of Internal Dissent

PART B
HOW SHOULD COURTS ADJUDICATE CONSCIENTIOUS EXEMPTIONS?
Richard Moon: Conscience in the Image of Religion
Ian Leigh: The Courts and Conscience Claims
Yossi Nehushtan and Stella Coyle: The Difference between Illegitimate Conscience and Misguided Conscience: Equality Laws, Abortion Laws and Religious Symbols
Mary Neal: Conscientious Objection, 'Proper Medical Treatment' and Professionalism: The Limits of Accommodation for Conscience in Healthcare
Gerald Chipeur QC and Robert Clarke: The Art of Living with Ourselves: What Does the Law Have to do with Conscience?

PART C
COMPARATIVE QUESTIONS IN THE LAW OF CONSCIENTIOUS EXEMPTIONS
Lucy Vickers: Conscientious Objections in Employment: Is a Duty of Reasonable Accommodation the Answer?
John Adenitire: Who Should Give Effect to Conscientious Exemptions? The Case for Institutional Synergy
Frank Cranmer: Can Secular Non-Natural Persons be Said to Have a 'Conscience'?

PART D
CONCLUSION
John Adenitire: Conscientious Exemptions in a Liberal State