Books: 'Conscience protection'

1

Le Togo: Lieux de mémoire et sites de conscience. Paris: L'Harmattan, 2013.

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2

Freedom of religion or belief: Ensuring effective international legal protection. The Hague: M. Nijhoff Publishers, 1996.

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3

SOS Terre en péril: Pour une nouvelle conscience planétaire. [Montréal]: Fides, 2010.

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4

Deflesselles, Bernard. Tous les défauts de la terre: Pour une prise de conscience de l'urgence écologique. Paris: Ramsay, 2007.

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5

Entretiens du patrimoine (1994 Paris, France). Science et conscience du patrimoine: Entretiens du patrimoine, Théâtre national de Chaillot, Paris, 28, 29 et 30 novembre 1994. [Paris]: Fayard, 1997.

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6

Bothered by my green conscience: How an SUV-driving, imported-strawberry-eating urban dweller can go green. Gabriola Island, B.C: New Society Publishers, 2009.

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7

Libertad de conciencia y Europa: Un estudio sobre las tradiciones constitucionales comunes y el Convenio Europeo de Derechos Humanos. Madrid: Dykinson, 2011.

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8

Estado de cultura, derechos culturales y libertad religiosa. Madrid: Civitas, 2003.

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9

Association for Canadian Studies. Congrès. To see ourselves/to save ourselves : ecology and culture in Canada : proceedings of the annual Conference of the Association for Canadian studies held at the University of Victoria, from May 31 to June 1, 1990: Conscience et survie : écologie et culture au Canada : communications présentées lors du Congrès annuel de l'Association d'études canadiennes tenu à l'Université de Victoria, du 31 mai au 1er juin 1990. Montréal: Association for Canadian Studies = Association d'études canadiennes, 1991.

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10

Turning points in compassion: Personal journeys of animal advocates. Beaconsfield, W.A: SpiritWings Humane Education Inc., 2015.

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11

A defense of dignity: Creating life, destroying life, and protecting the rights of conscience. Notre Dame, Indiana: University of Notre Dame Press, 2013.

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12

United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health. Protecting the rights of conscience of health care providers and a parent's right to know: Hearing before Subcommittee on Health of the Committee on Energy and Commerce, House of Representatives, One Hundred Seventh Congress, second session, July 11, 2002. Washington: U.S. G.P.O., 2002.

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13

Cohen, William. The First Amendment: Constitutional Protection of Expression and Conscience. Foundation Press, 2004.

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14

Democrats, Liberal. A matter of conscience: Liberal Democrat policies for animal protection. Liberal Democrat Publications, 1992.

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15

The First Amendment: Constitutional Protection of Expression and Conscience (University Casebook). Foundation Press, 2003.

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16

Cohen, William. The First Amendment: Constitutional Protection of Expression and Conscience 2005 Supplement. Foundation Press, 2005.

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17

Ceva, Emanuela. How Should We Respect Conscience? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198794394.003.0023.

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Contra the widespread tendency in political and legal philosophy to make the institutional protection of conscience dependent on the idea of toleration, the chapter concentrates on the normative implications of the idea of respect for persons. Most current discussions of toleration focus on social, political, and legal arrangements, which establish whether citizens should be allowed to live in accordance with their conscientiously held but (potentially) objectionable beliefs. The chapter shows that the realization of the principle of respect for persons in politics, society, and the law requires that we ask whether citizens are treated in a manner appropriate to their status as persons during the processes through which we reach such arrangements.

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18

Cohen, William. Cohen's the First Amendment 2006: Constitutional Protection of Expression And Conscience, Supplement (University Casebook). Foundation Pr, 2006.

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19

Science et conscience du patrimoine: Entretiens du patrimoine, Theatre national de Chaillot, Paris, 28, 29 et 30 novembre 1994 (Actes des Entretiens du patrimoine). Editions du patrimoine, 1997.

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20

Lindkvist, Linde, and Johannes Ljungberg, eds. Samvete i Sverige. Om frihet och lydnad från medeltiden till idag. Nordic Academic Press (Kriterium), 2021. http://dx.doi.org/10.21525/kriterium.32.

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In recent years, ideas of conscience and the liberty of conscience have become ever more salient in public discourse. Historically, these concepts have been used to mark out a certain scope of freedom and protection in moral, political and legal conflicts. In our time, individual conscience is frequently used to legitimate objections to, for instance, military service and medical interventions like abortion and vaccination. So too in Sweden – a country widely described as one of the most modern and secularized societies in the world. In this volume, a group of researchers in history, human rights, law, ethics and sociology of religion address some of the most central issues around conscience and the liberty of conscience in Sweden from the middle ages to the present. By situating conscience and liberty in wider intellectual, social and political settings, the essays provide alternative ways of thinking about the most intractable problems surrounding these concepts – the relationship between law and morality, the tension between individual and collective freedom, as well as the role of religion in public affairs. This volume will create new avenues of research for scholars and students interested in challenges related to conscience and liberty: both those in ethics, politics and law seeking a historical perspective, and those in history who want to tie their studies to the present.

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21

Snead, O. Carter, and Michael P. Moreland. Law, Religion, and the Physician-Patient Relationship. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780190272432.003.0018.

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This essay explores a range of legal and moral issues regarding the role of conscience in medicine. In Part One, we survey some of the leading recent contributions to the debate over physician conscience, both those arguing against such claims of conscience by physicians and those arguing for a broad protection for a physician’s refusal to participate in or perform certain procedures. Second, we address the legal issues surrounding claims based on a physician’s conscientious objection or other forms of religious expression in medical practice. Such claims are at the intersection of two lines of cases, statutes, and regulations in current law: informed consent in medicine and freedom of religion. In the final part of this essay, we briefly argue for a broad space for a physician’s religious or moral beliefs in the clinical setting by drawing on the work of Alasdair MacIntyre on moral fragmentation.

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22

Vallier, Kevin, and Michael Weber. On the Constitutionality and Political Morality of Granting Conscience-Protecting Exemptions Only to Religious Believers. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190666187.003.0003.

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Under the constitutional law of the United States, government is not required to grant conscience-protecting exemptions. However, when it chooses to grant some such exemptions, government may not privilege religious conscience over secular conscience or disfavor secular conscience relative to religious conscience. In short, government may not discriminate against secular conscience. Moreover, under the political morality of human rights—in particular, under the human right to religious and moral freedom—government should not disfavor secular conscience relative to religious conscience. In that sense, and to that extent, the constitutional law of the United States and the political morality of human rights are aligned.

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23

Clayton, Matthew. Is Ethical Independence Enough? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198794394.003.0010.

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Ronald Dworkin’s argument for a general right of ethical independence, in contrast to a special right of religious freedom, represents an important liberal view of the significance of religion within political morality. This chapter seeks to understand and defend Dworkin’s ideal of ethical independence, particularly against those who claim that it provides individuals with insufficient protection to pursue their religious commitments. It does so by integrating ethical independence with other features of Dworkin’s conception of political morality, such as his critique of majoritarianism and his account of equality. In addition, it develops a response to the most prominent version of the insufficiency objection, namely, that the political community ought to give special protection to individuals who seek to honour the dictates of their conscience, or their perceived ethical duties.

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24

Rex, Ahdar, and Leigh Ian. Part I, 3 Liberal Perspectives. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199606474.003.0003.

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This chapter discusses liberal political thought and its understanding and treatment of religion. Section II begins by briefly outlining the nature and character of liberalism. The premise is that liberalism is the principal philosophical foundation for law in modern liberal democracy. Our contemporary notions of ‘religious freedom’ are ones that have been indubitably shaped by liberal attitudes to religion, faith communities, and the call of conscience. The chapter then turns to the liberal claim of neutrality between competing conceptions of the good life. Is liberalism as impartial as it purports to be? What does state neutrality towards religion in practice actually require? This chapter also examines the privatization of religious (and other) beliefs in a liberal polity, and considers a leading liberal litmus test for public policy — John Rawls' concept of ‘public reason’. Section III analyses the principal secular liberal justifications for religious freedom. It argues that unless we know why religious liberty is worth protecting, our ability to deal with new and increasingly insistent faith-based claims for legal recognition and protection will be hampered.

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25

Sweet, Alec Stone, and Clare Ryan. Beyond Rights Minimalism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0006.

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This chapter focuses on the European Court’s approach to adjudicating the qualified rights: to privacy and family life, and to the freedoms of expression, conscience, and religion. Facilitated by the progressive development of (i) general principles, (ii) iterative dialogues with domestic apex courts, and (iii) consensus analysis, the Court has engaged in majoritarian activism, a strategy that has enabled it to raise standards of protection, and to overcome rights minimalism. Under the tutelage of the Court, the regime has worked to secure the equal juridical status of formerly marginalized or excluded groups, including through the consolidation of positive state duties of recognition and protection. As important, the trustee courts of Europe now share a common approach to assessing the validity of state measures that would limit a qualified right, requiring officials to justify restrictions under a pressing social need standard, and to ensure their proportionality.

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26

Vallier, Kevin, and Michael Weber. Conscience, Religion, and Exemptions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190666187.003.0002.

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There is widespread agreement about the necessity of legally protecting the freedom to determine one’s own stance toward religion and to act on the basis of one’s deeply held beliefs. But the agreement stops there. The question of the meaning and extension of religious freedom and of its relationship with arguably broader notions of freedom of conscience is vexed and controversial. Moreover, as a consequence of the indeterminacy about the meaning and scope of religious freedom, the normative status of religious exemptions and other forms of accommodation remains contested. Do religious accommodations have a role to play in a fair system of social cooperation? Is there something special about religion that makes it acceptable to exempt religiously committed citizens from otherwise legitimate rules of general application? Political and legal theorists are divided on this issue. This chapter argues that there is something special about religion that warrants, under specific circumstances, reasonable accommodation measures. It also argues that religious and spiritual commitments can and should be analogized with a certain category of secular commitments that can be called “meaning-giving beliefs and commitments.” Both religious and secular meaning-giving beliefs and commitments will be presented as legitimate grounds for accommodations claims. The chapter first summarizes why the author thinks that religious exemptions are morally justified, and then addresses some of the criticisms put forward by those who argue that something crucial is lost when religious freedom is collapsed into an allegedly broader category such as freedom of conscience or ethical independence. This chapter mainly focuses on Cécile Laborde’s challenge to what she calls “egalitarian theories of religious freedom.”

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27

Vallier, Kevin, and Michael Weber. How Should We Treat Religion? On Exemptions and Exclusions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190666187.003.0004.

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The law of religious liberty in the United States tends to treat religion as special in two ways. It does first by offering religious citizens certain exemptions and accommodations based on their religious objections to otherwise generally applicable law. Second, it enforces certain exclusions of public expressions of religious doctrines or values. But this special treatment is unwarranted since states should recognize religious principles of action as legally equivalent to a variety of sectarian secular doctrines that people affirm as a matter of conscience. This essay argues for the coherence and relative attractiveness of (i) robust protections for both religious and secular conscience, and (ii) weak restrictions on noncoercive establishment of both religious and secular doctrines.

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28

Kaczor, Christopher. Defense of Dignity: Creating Life, Destroying Life, and Protecting the Rights of Conscience. University of Notre Dame Press, 2013.

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29

Committee on Energy and Commerce, United States Congress, and United States House of Representatives. Protecting the rights of conscience of health care providers and a parent's right to know. CreateSpace Independent Publishing Platform, 2018.

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30

Rainey, Bernadette, Pamela McCormick, and Clare Ovey. Jacobs, White, and Ovey: The European Convention on Human Rights. 8th ed. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847137.001.0001.

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Seventy years after the founding of the European Court of Human Rights it has dispensed more than 22,000 judgments and affects the lives of over 800 million people. The eighth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines each of the Convention rights including the right to a remedy, right to life, prohibition of torture, protection from slavery and forced labour, and respect for family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.

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31

Rainey, Bernadette, Elizabeth Wicks, and Clare Ovey. Jacobs, White, and Ovey: The European Convention on Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767749.001.0001.

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Nearly seventy years after the founding of the European Court of Human Rights it has dispensed more than 20,000 judgments and affects the lives of over 800 million people. The seventh edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines Convention rights in terms of many aspects, including rights to remedy, rights to life, prohibition of torture, protection from slavery and forced labour, and family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.

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32

Witte, John, Joel A. Nichols, and Richard W. Garnett. Religion and the American Constitutional Experiment. 5th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197587614.001.0001.

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This accessible and authoritative introduction tells the American story of religious freedom from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom – liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - concerning the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law. Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text and armchair paperback. It includes a table summarizing every Supreme Court case on religious freedom from 1815 to 2021. This new 5^th edition addresses fully the new hot button issues and cases on religious freedom and sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims with or without third party harms; state aid to religion; religious monuments and ceremonies in public life; and the rights of religious groups. The addition of distinguished Catholic religious freedom scholar Richard W. Garnett to this new edition adds further nuance and insider knowledge to the story.

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33

Rutenberg, Amy. Rough Draft. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501739361.001.0001.

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This book argues that policy makers’ idealized conceptions of middle-class masculinity directly affected who they targeted for conscription during the Cold War. Along with much of the American population, federal officials, including those within the Selective Service System, believed college educated men could better protect the nation from the threat of communism as civilians than as soldiers. The availability of deferments for these men grew rapidly between 1945 and 1965, militarizing their occupations and making it less and less likely that middle-class white men would serve in the Cold War military. Meanwhile, officials used the War on Poverty to target poorer men for conscription in the hopes that military service would offer them skills they could use in civilian life. Therefore, while some men resisted military service in Vietnam for reasons of political conscience, most of those who avoided military service did so because manpower polices made it possible. By protecting middle-class breadwinners in the name of national security, policy planners militarized certain civilian roles, a move that, ironically, separated military service from the obligations of masculine citizenship and, ultimately, helped kill the draft in the United States.

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34

US GOVERNMENT. Protecting the rights of conscience of health care providers and a parent's right to know: Hearing before Subcommittee on Health of the Committee on Energy ... Congress, second session, July 11, 2002. For sale by the Supt. of Docs., U.S. G.P.O., [Congressional Sales Office], 2002.

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35

Warning-peece to all back-sliding Protestants and luke-warme professors: Wherein is manifested how sinfull it is to spare our enemies, and the unlawfulnesse of the Irish cessation, and of giving protections to the enemies of God : with a demonstration of the fearfull basenesse of the sin to neutralitie, to the satisfaction of all those who desire to have their consciences informed in these matters. [London] printed: [s.n.], 1985.

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Books on the topic 'Conscience protection'

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