Religious beliefs and conscientious exemptions in a liberal state, 

Автор: John Adenitire
Название: Religious Beliefs and Conscientious Exemptions in a Liberal State
ISBN: 1509920935 ISBN-13(EAN): 9781509920938
Издательство: Bloomsbury Academic
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Цена: 100320.00 T
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Описание: 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.

Автор: O`Halloran Kerry
Название: Conscientious Objection: Dissent and Democracy in a Common Law Context
ISBN: 3030976475 ISBN-13(EAN): 9783030976477
Издательство: Springer
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Цена: 111790.00 T
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Описание: This book traces, assesses and compares the history of conscientious objection – in the cultural context of six common law nations – from refusal of military service and a range of similar moral dilemmas, to objecting to abortion, to the current social polarisation surrounding vaccination hesitancy in the COVID-19 pandemic. It considers the impact of this form of dissent in relation to social movements like Black Lives Matter, social activists such as Gandhi, and whistle blowers like Daniel Ellsberg. It reflects on the relationships between the sacred and the secular, the state and the citizen, in order to better understand the responsibilities of citizenship in our increasingly secular societies. It analyses what defines the conscientiousness of an objection from both legal and ethical standpoints. It examines what constitutes a matter of conscience, why this should justify exemption from civic duties and why this form of dissent has such a time-honoured status. It explores the increased reliance on “grounds of religion, belief or conscience” as providing justification for excusing some citizens from complying with certain responsibilities – mandated by equality and non-discrimination legislation – that are binding for all others. By conducting a comparative evaluation of national law and judicial rulings on a fixed agenda of issues, this book identifies key jurisdictional differences concerning conscientious objection. In so doing, it highlights the importance of cultural context and constructs a jurisdiction-specific overview of legislation, policies and case law. By tracking policy developments and highlighting crucial judicial rulings – particularly in the US – it provides insights into the probable future direction of developments in national law relating to conscientious objection. Lastly, the book draws attention to some of the potential consequences of manifesting dissent by opting out of performing public services – e.g. the possible local breakdown of specific service availability (e.g. abortion, officiating at same-sex marriages, and immunisation); prompting population movements as established democratic civil rights are locally negated (reproductive rights, LGBT rights, right to health protection); fragmenting society into a geographic patchwork of regions in which some citizens are branded as conservative/reactionary and others as progressive; and fuelling the culture wars – with profound implications for a coherent democratic society.

Автор: Hitomi Takemura
Название: International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders
ISBN: 3642089453 ISBN-13(EAN): 9783642089459
Издательство: Springer
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Цена: 158380.00 T
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Описание: This book examines the right to conscientious objection under international human rights law. It analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.