The law of religious liberty in a tolerant society /

The law of religious liberty in a tolerant society /

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Bibliographic Details
Author / Creator:Leiter, Brian, author.
Imprint:[Chicago, Illinois] : Law School, University of Chicago, 2011.
Description:1 online resource (32 pages).
Language:English
Series:Public law and legal theory working paper ; no. 343
Public law and legal theory working paper ; no. 343.
Subject:
Freedom of religion.
Religious tolerance.
Liberty of conscience.
Freedom of religion.
Liberty of conscience.
Religious tolerance.
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/9039464
Hidden Bibliographic Details
Notes:"Draft of January 25, 2011."
Title from online title page (viewed March 22, 2013).
Includes bibliographical references.
Summary:"This is a draft of the final chapter of my forthcoming book WHY TOLERATE RELIGION? Earlier versions of material in the first part of the book appear on SSRN as 'Why Tolerate Religion?' (Constitutional Commentary, 2008) and 'Foundations of Religious Liberty: Toleration or Respect?' (San Diego Law Review, 2010) (the account of religion has changed somewhat since these two papers). The two main conclusions from earlier in the book that are presupposed in this draft chapter are that: (1) the moral value of liberty of conscience is not specific to claims of 'religious' conscience; and (2) there are claims of conscience that are not 'religious' in character (however precisely religion is understood). "Principled toleration" requires that a dominant group, with the means to stamp out or repress disfavored beliefs of others, nonetheless recognize that there are good moral reasons to permit such beliefs to be held and expressed (subject to the limits imposed by the Harm Principle). The draft chapter explores the question: what should become of the law of religious liberty in light of these conclusions? Should we opt for a scheme of universal exemptions for claims of conscience, or are there reasons to think that no exemptions for claims of conscience, religious or otherwise, are justified? The relation between toleration and religious establishment is also discussed."

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