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An Egalitarian Conception of Liberal Rights

Thomas Christiano

in The Constitution of Equality: Democratic Authority and Its Limits

Published in print:
2008
Published Online:
September 2008
ISBN:
9780198297475
eISBN:
9780191716867
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198297475.003.0005
Subject:
Political Science, Comparative Politics, Political Theory

This chapter argues that liberal rights — such as the rights of freedom of conscience, freedom of association, and freedom of speech — are grounded in the fundamental interests of persons and the ... More


Conscience and Commitment

Timothy Macklem

in Independence of Mind

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535446
eISBN:
9780191709074
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535446.003.0003
Subject:
Law, Philosophy of Law

This chapter explores a set of puzzles about conscientious objection, drawn from the work of Bernard Williams and Joseph Raz, to arrive at an alternative picture of conscience as a central element in ... More


Regulating Religion: The Courts and the Free Exercise Clause

Catharine Cookson

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.001.0001
Subject:
Religion, Religion and Society

Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of ... More


PLURALISM, PERSONAL IDENTITY, AND FREEDOM OF CONSCIENCE

Kenneth A. Strike

in Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities

Published in print:
2003
Published Online:
January 2005
ISBN:
9780199253661
eISBN:
9780191601972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199253668.003.0004
Subject:
Political Science, Political Theory

Kenneth Strike’s essay on pluralism, personal identity, and freedom of conscience, takes up the concept of identity, and contrasts cultural and religious pluralism. He argues that the issues of ... More


Independence of Mind

Timothy Macklem

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535446
eISBN:
9780191709074
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535446.001.0001
Subject:
Law, Philosophy of Law

The fundamental freedoms, of speech, conscience, privacy, and religion are now an essential part of contemporary society, set down in our most basic laws and regularly invoked in our political and ... More


Compete with One Another in Good Works

Abdulaziz Sachedina

in The Islamic Roots of Democratic Pluralism

Published in print:
2001
Published Online:
October 2011
ISBN:
9780195139914
eISBN:
9780199848935
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195139914.003.0003
Subject:
Religion, Islam

This chapter defines the ethical foundation of freedom of conscience and religion as cited in the writings and teachings of the Koran and the prophets particularly of Abraham and Muhammad. The ... More


Locke, Bayle, and Spinoza: A Contest of Three Toleration Doctrines

Jonathan I. Israel

in Enlightenment Contested: Philosophy, Modernity, and the Emancipation of Man 1670-1752

Published in print:
2006
Published Online:
October 2011
ISBN:
9780199279227
eISBN:
9780191700040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199279227.003.0006
Subject:
History, History of Ideas, European Modern History

This chapter discusses the toleration theories of Lock, Bayle, and Spinoza, which appeared during the Early Enlightenment. Locke’s theory of toleration is overwhelmingly concerned with freedom of ... More


Freedom of Conscience: A ‘Western’ Value?

THOMAS M. FRANCK

in The Empowered Self: Law and Society in the Age of Individualism

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199248094
eISBN:
9780191707766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248094.003.0006
Subject:
Law, Law of Obligations, Human Rights and Immigration

This chapter examines one of the great claims advanced by individuals against compelled communitarian conformity: the claim to freedom of conscience. A necessary component of the new order is ... More


Rights to Assisted Dying

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.2
Subject:
Law, Criminal Law and Criminology, Medical Law

There have been unsuccessful attempts to use constitutionally entrenched rights claims to challenge criminal prohibitions on assisted suicide in Canada, the United States, and the United Kingdom. ... More


Moral Conscience through the Ages: Fifth Century BCE to the Present

Richard Sorabji

Published in print:
2014
Published Online:
January 2015
ISBN:
9780199685547
eISBN:
9780191765704
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685547.001.0001
Subject:
Philosophy, Moral Philosophy

This book is a study of moral conscience that asks, ‘what is conscience?’ and traces answers and treatments of conscience through the ages. It starts by following how a core concept of conscience was ... More


From Toleration to Liberty: Religious Freedom as Concept and Constitutional Right

Thomas Kselman

in Conscience and Conversion: Religious Liberty in Post-Revolutionary France

Published in print:
2018
Published Online:
September 2018
ISBN:
9780300226133
eISBN:
9780300235647
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300226133.003.0002
Subject:
History, European Modern History

This chapter offers a broad overview of the history of religious liberty in France from the sixteenth to the nineteenth century. Early in this period philosophers such as Montaigne, Bayle, Voltaire, ... More


Freedom of Conscience and the Individual: Seventeenth‐Century England and Holland

Richard Sorabji

in Moral Conscience through the Ages: Fifth Century BCE to the Present

Published in print:
2014
Published Online:
January 2015
ISBN:
9780199685547
eISBN:
9780191765704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685547.003.0009
Subject:
Philosophy, Moral Philosophy

The first English 17th century writers supporting freedom of conscience discussed in Chapter 8 were Baptists. Then Roger Williams got Rhode Island a charter of freedom for Catholics and Indians. John ... More


A Religious Argument for the Civil Right to Freedom of Religious Exercise, Drawn from American History

Nicholas Wolterstorff and Terence Cuneo

in Understanding Liberal Democracy: Essays in Political Philosophy

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199558957
eISBN:
9780191744808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558957.003.0015
Subject:
Philosophy, Political Philosophy, Philosophy of Religion

The two decades or so that culminated in the composition of the U S. Constitution and its attendant Bill of Rights was a period of astonishingly broad and deep discussion of political theory in the ... More


The Claim to Freedom of Conscience: Freedom of Speech, Freedom of Thought, Freedom of Worship?

John Dunn

in From Persecution to Toleration: The Glorious Revolution and Religion in England

Published in print:
1991
Published Online:
October 2011
ISBN:
9780198201960
eISBN:
9780191675102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198201960.003.0007
Subject:
History, British and Irish Early Modern History, History of Religion

This chapter focuses on John Locke's Epistola de tolerantia or A Letter concerning Toleration, a text which advocates freedom of conscience, worship, belief, and speech. The single most important ... More


Constitutional Goods

Alan Brudner

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.001.0001
Subject:
Law, Constitutional and Administrative Law

Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves with agreement on lower-level principles ... More


What Should Freedom of Religion Become?

Nehal Bhuta

in Freedom of Religion, Secularism, and Human Rights

Published in print:
2019
Published Online:
February 2019
ISBN:
9780198812067
eISBN:
9780191850066
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812067.003.0001
Subject:
Law, Human Rights and Immigration

This chapter takes secularity and freedom of religion as two distinct but interrelated thought-formations and seeks to develop a historical sketch of each. Secularity and freedom of conscience emerge ... More


God and Liberty?: Lamennais, Catholicism, and Freedom of Conscience

Thomas Kselman

in Conscience and Conversion: Religious Liberty in Post-Revolutionary France

Published in print:
2018
Published Online:
September 2018
ISBN:
9780300226133
eISBN:
9780300235647
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300226133.003.0006
Subject:
History, European Modern History

This chapter examines the religious choices of Félicité Lamennais, a key figure in the political and religious debates of the French Restoration. After flirting with the doctrines of Rousseau as an ... More


Towards Expanded Religious Freedom

Paul W. Werth

in The Tsar's Foreign Faiths: Toleration and the Fate of Religious Freedom in Imperial Russia

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199591770
eISBN:
9780191757778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591770.003.0008
Subject:
History, History of Religion

This chapter identifies three factors that pushed tsarist Russia towards greater religious freedom in the later nineteenth century. The first involves the increasing engagement of laypeople in ... More


Freedom of Conscience as Legislative Project

Paul W. Werth

in The Tsar's Foreign Faiths: Toleration and the Fate of Religious Freedom in Imperial Russia

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199591770
eISBN:
9780191757778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591770.003.0009
Subject:
History, History of Religion

The Revolution of 1905 reconfigured Russia's religious order in profound ways. Diverse constituencies scrambled to shape the final contours of the new religious order, and the ensuing struggle took ... More


The Phases and Functions of Freedom of Conscience

Steven D. Smith

in Religion and Human Rights: An Introduction

Published in print:
2011
Published Online:
March 2015
ISBN:
9780199733453
eISBN:
9780190258269
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199733453.003.0009
Subject:
Religion, Religion and Society

This chapter examines the phases and functions of freedom of conscience. It first considers the relationship between freedom of conscience and religious toleration before turning to the so-called ... More


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