A General Right to Conscientious Exemption

A General Right to Conscientious Exemption PDF

Author: John Adenitire

Publisher: Cambridge University Press

Published: 2020-07-16

Total Pages: 335

ISBN-13: 1108807755

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The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief. The book provides a liberal defence of this right and argues that it should be considered a defining feature of a liberal democracy. A general right to conscientious exemption is a legal right to conscientiously object to any obligation imposed by law and to receive from a court an exemption from complying with such obligation. The general right defended in the book is not an absolute right. A court may refuse to grant an exemption if doing so would disproportionately impact the rights of others or the public interest. The book suggests how the general right should be balanced against important rights, such as non-discrimination on the basis of sexual orientation.

The Ethics of Vaccination

The Ethics of Vaccination PDF

Author: Alberto Giubilini

Publisher: Springer

Published: 2018-12-28

Total Pages: 126

ISBN-13: 3030020681

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This open access book discusses individual, collective, and institutional responsibilities with regard to vaccination from the perspective of philosophy and public health ethics. It addresses the issue of what it means for a collective to be morally responsible for the realisation of herd immunity and what the implications of collective responsibility are for individual and institutional responsibilities. The first chapter introduces some key concepts in the vaccination debate, such as ‘herd immunity’, ‘public goods’, and ‘vaccine refusal’; and explains why failure to vaccinate raises certain ethical issues. The second chapter analyses, from a philosophical perspective, the relationship between individual, collective, and institutional responsibilities with regard to the realisation of herd immunity. The third chapter is about the principle of least restrictive alternative in public health ethics and its implications for vaccination policies. Finally, the fourth chapter presents an ethical argument for unqualified compulsory vaccination, i.e. for compulsory vaccination that does not allow for any conscientious objection. The book will appeal to philosophers interested in public health ethics and the general public interested in the philosophical underpinning of different arguments about our moral obligations with regard to vaccination.

Religious Liberty

Religious Liberty PDF

Author: Douglas Laycock

Publisher: William B. Eerdmans Publishing Company

Published: 2010

Total Pages: 0

ISBN-13: 9780802876058

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One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers to private school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.

Religious Beliefs and Conscientious Exemptions in a Liberal State

Religious Beliefs and Conscientious Exemptions in a Liberal State PDF

Author: John Adenitire

Publisher: Bloomsbury Publishing

Published: 2019-06-13

Total Pages: 500

ISBN-13: 1509920943

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The central focus of this edited collection is on the ever-growing practice, in liberal states, to claim exemption from legal duties on the basis of a conscientious objection. Traditional claims have included objections to compulsory military draft and to the provision of abortions. Contemporary claims include objections to anti-discrimination law by providers of public services, such as bakers and B&B hoteliers, who do not want to serve same-sex couples. The book investigates the practice, both traditional and contemporary, from three distinct perspectives: theoretical, doctrinal (with special emphasis on UK, Canadian and US law) and comparative. Cumulatively, the contributors provide a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.

Conscientious Objection in Health Care

Conscientious Objection in Health Care PDF

Author: Mark R. Wicclair

Publisher: Cambridge University Press

Published: 2011-05-26

Total Pages: 267

ISBN-13: 1139500198

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Historically associated with military service, conscientious objection has become a significant phenomenon in health care. Mark Wicclair offers a comprehensive ethical analysis of conscientious objection in three representative health care professions: medicine, nursing and pharmacy. He critically examines two extreme positions: the 'incompatibility thesis', that it is contrary to the professional obligations of practitioners to refuse provision of any service within the scope of their professional competence; and 'conscience absolutism', that they should be exempted from performing any action contrary to their conscience. He argues for a compromise approach that accommodates conscience-based refusals within the limits of specified ethical constraints. He also explores conscientious objection by students in each of the three professions, discusses conscience protection legislation and conscience-based refusals by pharmacies and hospitals, and analyzes several cases. His book is a valuable resource for scholars, professionals, trainees, students, and anyone interested in this increasingly important aspect of health care.

Conscience and Conviction

Conscience and Conviction PDF

Author: Kimberley Brownlee

Publisher: OUP Oxford

Published: 2012-10-18

Total Pages: 280

ISBN-13: 0191645923

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The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

The Conscience Wars

The Conscience Wars PDF

Author: Susanna Mancini

Publisher:

Published: 2018-07-05

Total Pages: 515

ISBN-13: 1107173302

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Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.

Section 1557 of the Affordable Care Act

Section 1557 of the Affordable Care Act PDF

Author: American Dental Association

Publisher: American Dental Association

Published: 2017-05-24

Total Pages: 10

ISBN-13: 1941807712

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Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.

General Lewis B. Hershey and Conscientious Objection during World War II

General Lewis B. Hershey and Conscientious Objection during World War II PDF

Author: Nicholas A. Krehbiel

Publisher: University of Missouri

Published: 2012-02-24

Total Pages: 0

ISBN-13: 9780826219411

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During World War II, the United States drafted 10.1 million men to serve in the military. Of that number, 52,000 were conscientious objectors, and 12,000 objected to noncombatant military service. Those 12,000 men served the country in Civilian Public Service, the program initiated by General Lewis Blaine Hershey, the director of Selective Service from 1941 to1970. Despite his success with this program, much of Hershey’s work on behalf of conscientious objectors has been overlooked due to his later role in the draft during the Vietnam War. Seeking to correct these omissions in history, Nicholas A. Krehbiel provides the most comprehensive and well-rounded examination to date of General Hershey’s work as the developer and protector of alternative service programs for conscientious objectors. Hershey, whose Selective Service career spanned three major wars and six presidential administrations, came from a background with a tolerance for pacifism. He served in the National Guard and later served in both World War I and the interwar army. A lifelong military professional, he believed in the concept of the citizen soldier—the civilian who responded to the duty of service when called upon. Yet embedded in that idea was his intrinsic belief in the American right to religious freedom and his notion that religious minorities must be protected. What to do with conscientious objectors has puzzled the United States throughout its history, and prior to World War II, there was no unified system for conscientious objectors. The Selective Service Act of 1917 only allowed conscientious objection from specific peace sects, and it had no provisions for public service. In action, this translated to poor treatment of conscientious objectors in military prisons and camps during World War I. In response to demands by the Historic Peace Churches (the Brethren, Mennonites, and the Society of Friends) and other pacifist groups, the government altered language in the Selective Service Act of 1940, stating that conscientious objectors should be assigned to noncombatant service in the military but, if opposed to that, would be assigned to “work of national importance under civilian direction.” Under the direction of President Franklin D. Roosevelt and with the cooperation of the Historic Peace Churches, Hershey helped to develop Civilian Public Service in 1941, a program that placed conscientious objectors in soil conservation and forestry work camps, with the option of moving into detached services as farm laborers, scientific test subjects, and caregivers, janitors, and cooks at mental hospitals. Although the Civilian Public Service program only lasted until 1947, alternative service was required for all conscientious objectors until the end of the draft in 1973. Krehbiel delves into the issues of minority rights versus mandatory military service and presents General Hershey’s pivotal role in the history of conscientious objection and conscription in American history. Archival research from both Historic Peace Churches and the Selective Service makes General Lewis B. Hershey and Conscientious Objection during World War II the definitive book on this subject.

The Legitimacy of Medical Treatment

The Legitimacy of Medical Treatment PDF

Author: Sara Fovargue

Publisher: Routledge

Published: 2015-08-11

Total Pages: 256

ISBN-13: 1317591720

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Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: http://preview.ncbi.nlm.nih.gov/books/prevqa/NBK199156/ .