Acknowledgements |
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xiii | |
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1 | (19) |
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1 The Main Claims of the Book |
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1 | (3) |
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2 The Methods of Analysis |
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4 | (2) |
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3 The Implications of the Main Claims of the Book |
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6 | (4) |
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4 The Positive Case for a General Right to Conscientious Exemption |
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10 | (10) |
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The Moral Case for Conscientious Exemptions Generally |
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11 | (4) |
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The Moral Case for a General Right to Conscientious Exemption |
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15 | (3) |
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The Moral Case for Equal Treatment of Religious and Non-Religious Conscientious Objectors |
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18 | (2) |
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2 The General Right to Conscientious Exemption in US Law |
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20 | (27) |
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20 | (1) |
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2 The First Ground of the General Right: The Federal and State Constitutional Right to Free Exercise of Religion |
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21 | (4) |
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3 The Second Ground of the General Right: Federal and State Religious Freedom Restoration Acts |
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25 | (3) |
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4 The Third Ground of the General Right: The Federal Religious Land Use and Institutionalized Persons Act |
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28 | (8) |
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5 The Fourth Ground of the General Right: Title VII of the Civil Rights Act of 1964 and Similar State Level Legislation |
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36 | (3) |
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6 The Fifth Ground of the General Right: The Constitutional Requirements of Church Autonomy |
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39 | (6) |
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The Ministerial Exception in Hosanna-Tabor |
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39 | (2) |
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Church Autonomy and Private Law Duties |
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41 | (3) |
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44 | (1) |
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45 | (2) |
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3 The General Right to Conscientious Exemption in US Law: Beyond Religious Privilege? |
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47 | (55) |
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47 | (3) |
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2 The Welsh Principle of Interpretation of Conscientious Exemption Statutes |
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50 | (6) |
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3 Does `Religion' Include Non-Religious Conscientious Beliefs? |
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56 | (12) |
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Reynolds, Davis and Torcaso: Religion beyond Theism |
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56 | (2) |
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Yoder and Thomas: Doubting the Welsh Principle? |
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58 | (3) |
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What Is Religion? Two Conflicting and Misguided Approaches from the Courts below the USSC |
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61 | (6) |
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Atheism as a `Religion': Kaufman |
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67 | (1) |
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4 The Establishment Clause Argument |
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68 | (17) |
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70 | (1) |
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71 | (2) |
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Amos: A Caveat to the Establishment Clause Argument? |
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73 | (2) |
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75 | (2) |
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77 | (1) |
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78 | (1) |
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Cutter: Undermining the Establishment Clause Argument? |
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79 | (4) |
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Center for Inquiry: Endorsing the Establishment Clause Argument and Applying the Welsh Principle |
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83 | (2) |
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5 The Equal Protection Argument |
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85 | (7) |
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Center for Inquiry and March for Life: Prohibiting Arbitrary Distinctions in Conscientious Exemptions |
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86 | (4) |
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Real Alternatives: Objecting to the Equal Protection Argument |
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90 | (2) |
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6 Is Church Autonomy Special? |
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92 | (7) |
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Jaycees and Rotary International: The Freedom of Expressive Association |
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93 | (3) |
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Boy Scouts: Judicial Non-intervention in the Ideologies of Non-Religious Institutions |
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96 | (2) |
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Conclusion: Church Autonomy Is Not Quite Special |
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98 | (1) |
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7 Conclusion: Conscientious Exemptions beyond Religious Privilege |
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99 | (3) |
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4 The General Right to Conscientious Exemption in Canadian Law |
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102 | (27) |
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102 | (3) |
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2 The First Ground of the General Right: The Duty of Reasonable Accommodation Arising under Anti-Discrimination Statutes |
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105 | (9) |
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Simpsons-Sears: Introducing the Duty of Reasonable Accommodation |
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106 | (4) |
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Renaud: Rejecting the 'De Minimis Rule |
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110 | (1) |
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Meiorin and Grismer: Reasonable Accommodation in the Unified Approach to Discrimination |
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110 | (2) |
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112 | (2) |
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3 The Second Ground of the General Right: The Duty Which Requires Governmental Action or Administrative Practice not to Unreasonably Infringe the Constitutional Right to Freedom of Conscience and Religion |
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114 | (9) |
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115 | (4) |
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119 | (2) |
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121 | (1) |
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122 | (1) |
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4 The Third Ground of the General Right: Norms of General Application Must Be Compatible with the Right to Freedom of Conscience and Religion |
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123 | (5) |
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124 | (2) |
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126 | (2) |
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128 | (1) |
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128 | (1) |
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5 The General Right to Conscientious Exemption in Canadian Law: Beyond Religious Privilege? |
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129 | (47) |
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129 | (2) |
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2 Does Freedom of Conscience Ground the General Right for Non-Religious Objections? |
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131 | (18) |
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Conscience at the Supreme Court of Canada |
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131 | (5) |
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Conscientious Exemptions in Canadian Lower Courts |
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136 | (1) |
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136 | (2) |
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138 | (1) |
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139 | (2) |
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Other Minor Analysis of Conscience |
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141 | (3) |
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Conclusion: Freedom of Conscience Grounds the General Right for Non-Religious Objections |
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144 | (5) |
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3 The Duty of Reasonable Accommodation: Beyond Religion to Conscience |
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149 | (26) |
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149 | (2) |
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Equality Rights and Conscience: Outline of the Argument |
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151 | (2) |
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Vriend and Droit de la Famille |
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153 | (1) |
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Protecting Conscience in Anti-Discrimination Legislation: Is Conscience a Non-Enumerated Analogous Ground? |
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154 | (3) |
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Does the Exclusion of Conscience from Anti-Discrimination Legislation Perpetuate a Discriminatory Disadvantage? |
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157 | (2) |
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Protecting Conscience in Anti-Discrimination Legislation: What about s 2(a) of the Canadian Charter? |
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159 | (3) |
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Protecting Conscience in Anti-Discrimination Legislation: Can the Oakes Test Justify the Violation? |
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162 | (1) |
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163 | (1) |
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164 | (1) |
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The Communal Uniqueness Argument and the Metaphysical Uniqueness Argument |
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165 | (2) |
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The Constitutional Objection Arguments |
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167 | (2) |
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169 | (2) |
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Protecting Conscience in Anti-Discrimination Legislation: What Remedy for the Violation? |
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171 | (2) |
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173 | (1) |
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Intrusion into Legislative Domain |
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173 | (1) |
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Intrusion into Legislative Budgetary Decisions |
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174 | (1) |
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174 | (1) |
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4 Conclusion: Conscientious Exemptions beyond Religious Privilege |
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175 | (1) |
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6 The General Right to Conscientious Exemption in UK Law |
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176 | (36) |
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176 | (2) |
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2 The First Ground of the General Right: Freedom of Thought, Conscience and Religion inArt9ECHR |
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178 | (18) |
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The Mechanisms of the HRA |
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179 | (2) |
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Williamson and Begum: Art 9 and the General Right to Conscientious Exemption |
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181 | (1) |
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181 | (5) |
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186 | (2) |
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The Restrictive Art 9 Right to Conscientious Exemption |
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188 | (2) |
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Eweida and Beyond: Liberalizing the Williamson Requirements |
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190 | (1) |
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190 | (2) |
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192 | (3) |
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A Successful Case under the Art 9 Right to Conscientious Exemption: Blackburn |
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195 | (1) |
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196 | (1) |
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3 Another ECHR Ground for the General Right? The Prohibition of Discrimination on the Basis of Religion in Art 14 ECHR |
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196 | (5) |
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197 | (2) |
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199 | (1) |
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Conscientious Exemptions under Art 14 in UK Case Law |
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200 | (1) |
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4 The Second Ground of the General Right: The Prohibition of Indirect Discrimination on the Basis of Religion or Belief in Employment and the Provision of Goods and Services under Anti-Discrimination Legislation |
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201 | (5) |
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The Prohibition of Indirect Discrimination and a Right to Conscientious Exemption |
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203 | (1) |
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203 | (2) |
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205 | (1) |
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206 | (1) |
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5 Conclusion: A General Right but Who Bears the Obligation and What Rules Can Be Objected to? |
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206 | (6) |
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Who Bears the Obligation? |
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207 | (2) |
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What Rules Can Be Objected to? |
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209 | (1) |
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210 | (2) |
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7 The General Right to Conscientious Exemption in UK Law: Beyond Religious Privilege? |
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212 | (14) |
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212 | (1) |
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2 The Irrelevance of Religion for the General Right to Conscientious Exemption |
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213 | (4) |
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Williamson: The Irrelevance of Religion in Art 9 Claims |
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213 | (1) |
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McClintock and Whaley: Limits on Protected Beliefs |
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214 | (3) |
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3 Grainger: What Non-Religious Beliefs Are Protected under Anti-Discrimination Legislation? |
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217 | (4) |
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4 A Variety of Protected Non-Religious Beliefs, Few Non-Religious Claimants and Fewer Successful Claimants |
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221 | (3) |
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5 Conclusion: Conscientious Exemptions beyond Religious Privilege |
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224 | (2) |
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8 The Liberal Model of Conscientious Exemptions |
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226 | (53) |
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226 | (2) |
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2 The Liberal State Should Grant a General Right to Conscientious Exemption |
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228 | (14) |
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The Rule of Law Objections |
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229 | (7) |
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The Institutional Objections |
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236 | (6) |
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3 The Liberal State Should Refrain from Passing Moral Judgement on the Content of the Beliefs Which Give Rise to a Claim for Conscientious Exemption |
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242 | (10) |
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The Fit of the Second Proposition |
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243 | (4) |
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The Justification for the Second Proposition of the Liberal Model |
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247 | (5) |
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4 The Liberal State Should neither Privilege nor Disadvantage Religious Beliefs Over Non-Religious Ones When Considering Whether to Grant a Conscientious Exemption |
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252 | (16) |
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Brady's Principled Attack on the Third Proposition |
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252 | (3) |
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Brady's Pragmatic Attacks on the Third Proposition |
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255 | (4) |
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Corvino's Pragmatic Attack on the Third Proposition |
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259 | (2) |
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Moon's Principled Attack on the Third Proposition |
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261 | (4) |
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Nehushtan's Principled Attack on the Third Proposition |
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265 | (3) |
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5 The Liberal State Should Grant Conscientious Exemptions to Claimants Who Are Sincere and if the Exemptions Would Not Disproportionately Impact the Rights of Others or the Public Interest |
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268 | (9) |
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The Two Pillars of the Fourth Proposition |
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269 | (3) |
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What Factors Should Influence the Proportionality Analysis? |
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272 | (1) |
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The Countervailing Reasons Stage |
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272 | (2) |
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The Suitability and Necessity Stage |
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274 | (1) |
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275 | (2) |
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277 | (2) |
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9 Balancing the General Right with Sexual Orientation Discrimination |
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279 | (28) |
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279 | (2) |
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2 Dignitary Harm and Social Standing |
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281 | (3) |
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3 Balancing Complicity and Discrimination |
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284 | (3) |
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4 The Equal Social Standing of Those That Oppose Homosexuality: The Principle of Non-Discrimination on the Basis of Religion or Belief |
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287 | (3) |
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5 The Equal Social Standing of Those That Oppose Homosexuality: Free Association |
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290 | (6) |
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6 The Equal Social Standing of Those That Oppose Homosexuality: Free Expression |
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296 | (10) |
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The No Allegiance Principle |
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297 | (1) |
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The No Publicity Principle |
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298 | (2) |
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300 | (2) |
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The Artistic Freedom Principle |
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302 | (4) |
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306 | (1) |
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307 | (2) |
Index |
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309 | |