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  1. The Foundations of Conscientious Objection: Against Freedom and Autonomy.Yossi Nehushtan & John Danaher - 2018 - Jurisprudence 9 (3):541-565.
    According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the issue of conscientious objection implies that the conscientious objector should have an independent choice among alternative beliefs, positions or values. In this paper it is argued that: (a) it is not true that the typical conscientious objector has such a choice when they (...)
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  2.  41
    The Limits of Tolerance: A Substantive-Liberal Perspective.Yossi Nehushtan - 2007 - Ratio Juris 20 (2):230-257.
  3.  84
    The Links Between Religion and Intolerance.Yossi Nehushtan - 2011 - Philosophy and Theology 23 (1):91-132.
    This paper explores two main arguments. The first argument is that religious persons—because they are religious persons—are likely to be more intolerant than non-religious persons. This argument is supported by decisive empirical evidence. The second argument is that there are meaningful, clear and unique theoretical links between religion, or, more precisely, certain types of religion, and intolerance. It is submitted that the special links between religion and intolerance are the result of seven characteristics of religion which are specified in the (...)
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    Religious Conscientious Exemptions.Yossi Nehushtan - 2011 - Law and Philosophy 30 (2):143-166.
    Several possible approaches can be applied by the state when it responds to religious conscientious objections. These approaches compare the response to religious-conscientious objections with that to non-religious objections. If the content of the objector’s conscience is significant when deciding to grant conscientious exemptions, three approaches to the practice of granting conscientious exemptions are possible: First, a non-neutral liberal approach that takes into consideration the content of the conscience but not its religiosity as such; second, a pro-religious approach; and third, (...)
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    Conscientious Objection and Equality Laws: Why the Content of the Conscience Matters.Yossi Nehushtan - 2019 - Law and Philosophy 38 (3):227-266.
    By enacting equality laws the liberal state decides the limits of liberal tolerance by relying on content-based rather than content-neutral considerations. Equality laws are not and cannot be neutral. They reflect a content-based moral decision about the importance and weight of the principle of equality vis-à-vis other rights or interests. This leads to the following conclusions: First, since equality laws in liberal democracies reflect moral-liberal values, conscientious objections to equality laws rely, almost by definition, on unjustly intolerant, anti-liberal and morally (...)
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    Civic Conscience, Selective Conscientious Objection and Lack of Choice.Yossi Nehushtan - 2017 - Ratio Juris 30 (4):433-450.
    Most democratic states tolerate, to various extents, conscientious objection. The same states tend not to tolerate acts of civil disobedience and what they perceive as selective conscientious objection. In this paper it is claimed that the dichotomy between civil disobedience and conscientious objection is often misguided; that the existence of a “civic conscience” makes it impossible to differentiate between conscientious objection and civil disobedience; and that there is no such thing as “selective” conscientious objection—or that classifying an objection as “selective” (...)
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