Religious Reasons in Politics: Some Problems for the Free Marketplace Model

Law and Philosophy 41 (5):601-625 (2022)
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Abstract

In this paper, I critique a popular yet seldom recognized theory of the political role of religious reasons. According to this theory, the Free Marketplace model, laws may be justified on religious reasons as long as such laws do not impinge on rights. I argue that this theory is internally contradictory and can only be defended by either accepting normatively unacceptable consequences, or resorting to ad hoc distinctions between compelling and non-compelling legal justifications.

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The Moral Basis of Religious Exemptions.Kevin Vallier - 2016 - Law and Philosophy 35 (1):1-28.
The separation of church and state and the obligations of citizenship.Robert Audi - 1989 - Philosophy and Public Affairs 18 (3):259-296.
What is special about religion?Anthony Ellis - 2005 - Law and Philosophy 25 (2):219-241.

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