Conscientious Conviction and Subjective Preference: On What Grounds Should Religious Practices Be Accommodated?

Philosophical Papers 40 (1):27-53 (2011)
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Abstract

In this paper, I seek to challenge two prevailing views about religious accommodation. The first maintains that religious practices deserve accommodation only if they are regarded as something unchosen on a par with the involuntary circumstances of life people must face. The other view maintains that religious practices are nothing more than preferences but questions the necessity of their accommodation. Against these views, I argue that religious conducts, even on the assumption that they represent voluntary behaviours, deserve in certain circumstances certain kinds of accommodation. They must be understood as one possible expression, along with nonreligious or secular beliefs, of a person's convictions of conscience, which are strong ethical commitments upon which depends the moral integrity of those having such convictions. I demonstrate that the main ground for religious accommodation is the need to protect fairly, through such rights as religious freedom and freedom of conscience, the ethical commitments and conscientious beliefs of all citizens. Finally, against the objection that such a view risks leading to the proliferation of demands for accommodation, I maintain that a deliberative approach to religious accommodation is in a good position to put serious hurdles in the path of unreasonable demands

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Stéphane Courtois
Université du Québec à Trois-Rivières

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After virtue: a study in moral theory.Alasdair C. MacIntyre - 1981 - Notre Dame, Ind.: University of Notre Dame Press.
The law of peoples.John Rawls - 1999 - Cambridge, Mass.: Harvard University Press. Edited by John Rawls.
Why Deliberative Democracy?Amy Gutmann & Dennis F. Thompson - 2004 - Princeton University Press.
Liberalism, Community, and Culture.Will Kymlicka - 1989 - Oxford University Press.

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