Exemptions for Conscience

In Cécile Laborde & Aurélia Bardon (eds.), Religion in Liberal Political Philosophy. New York, NY: oxford university press. pp. 191-203 (2016)
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Abstract

The Moral Conscience principle claims that a conflict between the demands of a law and the demands of an individual’s sincere moral conscience provides her with a defeasible moral entitlement to an exemption. This chapter argues that this principle is vulnerable to an unfairness objection. There is nothing special about moral conscience that would justify granting an exemption, it claims, that is not shared by a variety of non-moral projects. Thus, there is no principled moral reason for a defeasible entitlement to moral conscience-based exemptions that is not an equally good reason for a defeasible entitlement to non-moral project-based exemptions. Since the chapter assumes that people are not defeasibly entitled to such project-based exemptions, it advocates scepticism about the Moral Conscience principle.

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Simon Căbulea May
Florida State University

Citations of this work

Religious Accommodation and Disproportionate Burden.Alan Patten - 2020 - Criminal Law and Philosophy 15 (1):61-74.
The Merits and Limits of Conscience-Based Legal Exemptions.Jocelyn Maclure - 2022 - Criminal Law and Philosophy 16 (1):127-134.
The Merits and Limits of Conscience-Based Legal Exemptions.Jocelyn Maclure - 2020 - Criminal Law and Philosophy (1):127-134.

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