Private Conscience And Public Law
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Private Consciences and Public Reasons
Author | : Kent Greenawalt |
Publisher | : Oxford University Press |
Total Pages | : 238 |
Release | : 1995-08-03 |
Genre | : Philosophy |
ISBN | : 0195357477 |
Within democratic societies, a deep division exists over the nature of community and the grounds for political life. Should the political order be neutral between competing conceptions of the good life or should it be based on some such conception? This book addresses one crucial set of problems raised by this division: What bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they feel free to rely on whatever grounds seem otherwise persuasive to them, like religious convictions, or should they restrict themselves to "public reasons," reasons that are shared within the society or arise from the premises of liberal democracy? Kent Greenawalt argues that fundamental premises of liberal democracy alone do not provides answers to these questions, that much depends on historical and cultural contexts. After examining past and current practices and attitudes in the United States, he offers concrete suggestions for appropriate principles relevant to American society today. This incisive and timely analysis by one of our leading legal philosophers should attract a wide and diverse readership of scholars, practitioners, and concerned citizens.
Law and Religion in American History
Author | : Mark Douglas McGarvie |
Publisher | : Cambridge University Press |
Total Pages | : 305 |
Release | : 2016-07-18 |
Genre | : History |
ISBN | : 1316684148 |
This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark Douglas McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.
Conscience and Conviction
Author | : Kimberley Brownlee |
Publisher | : OUP Oxford |
Total Pages | : 280 |
Release | : 2012-10-18 |
Genre | : Law |
ISBN | : 0191645923 |
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.
Enforcement of Federal Health Care Provider Conscience Protection Laws (Us Department of Health and Human Services Regulation) (Hhs) (2018 Edition)
Author | : The Law The Law Library |
Publisher | : Createspace Independent Publishing Platform |
Total Pages | : 28 |
Release | : 2018-11-07 |
Genre | : |
ISBN | : 9781729692615 |
Enforcement of Federal Health Care Provider Conscience Protection Laws (US Department of Health and Human Services Regulation) (HHS) (2018 Edition) The Law Library presents the complete text of the Enforcement of Federal Health Care Provider Conscience Protection Laws (US Department of Health and Human Services Regulation) (HHS) (2018 Edition). Updated as of May 29, 2018 The Department of Health and Human Services issues this final rule which provides that enforcement of the federal statutory health care provider conscience protections will be handled by the Department's Office for Civil Rights, in conjunction with the Department's funding components. This Final Rule rescinds, in part, and revises, the December 19, 2008 Final Rule entitled "Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law" (the "2008 Final Rule"). Neither the 2008 final rule, nor this final rule, alters the statutory protections for individuals and health care entities under the federal health care provider conscience protection statutes, including the Church Amendments, Section 245 of the Public Health Service Act, and the Weldon Amendment. These federal statutory health care provider conscience protections remain in effect. This book contains: - The complete text of the Enforcement of Federal Health Care Provider Conscience Protection Laws (US Department of Health and Human Services Regulation) (HHS) (2018 Edition) - A table of contents with the page number of each section
Conscientious Objection and Human Rights
Author | : Grégor Puppinck |
Publisher | : BRILL |
Total Pages | : 83 |
Release | : 2017-03-06 |
Genre | : Law |
ISBN | : 9004341609 |
This study clarifies to which extent it is legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions.
The Sacred Rights of Conscience
Author | : Daniel L. Dreisbach |
Publisher | : |
Total Pages | : 720 |
Release | : 2009 |
Genre | : History |
ISBN | : |
This compilation of primary documents provides a thorough and balanced examination of the evolving relationship between public religion and American culture, from pre-colonial biblical and European sources to the early nineteenth century, to allow the reader to explore the social and political forces that defined the concept of religious liberty and shaped American church-state relations. --from publisher description.
The Conscience Wars
Author | : Michel Rosenfeld |
Publisher | : |
Total Pages | : 515 |
Release | : 2018-07-05 |
Genre | : Law |
ISBN | : 1107173302 |
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Model Rules of Professional Conduct
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Integrity and Compromise
Author | : R. M. Maciver |
Publisher | : |
Total Pages | : 158 |
Release | : 2011-08-01 |
Genre | : |
ISBN | : 9781258093860 |
Contributing Authors Include Francis Biddle, John LaFarge, Eugene McCarthy And Many Others. Religion And Civilization Series.