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Law and Philosophy

, Volume 30, Issue 2, pp 143–166 | Cite as

Religious Conscientious Exemptions

  • Yossi Nehushtan
Article

Abstract

Several possible approaches can be applied by the state when it responds to religious conscientious objections. These approaches compare the response to religious-conscientious objections with that to non-religious objections. If the content of the objector’s conscience is significant when deciding to grant conscientious exemptions, three approaches to the practice of granting conscientious exemptions are possible: First, a non-neutral liberal approach that takes into consideration the content of the conscience but not its religiosity as such; second, a pro-religious approach; and third, an anti-religious approach. This paper contends that the non-neutral liberal approach and the pro-religious approach should be rejected in favor of an anti-religious approach to granting conscientious exemptions. The proposed anti-religious approach is as follows: (1) unjustified intolerance should not be tolerated; (2) empirical evidence links religion and intolerance – that is, people’s responses to measures of religion and intolerance are closely related; (3) theoretical evidence links (some) religions and intolerance; and (4) the religiosity of conscience gives the state a reason to refuse to grant conscientious exemptions.

Keywords

Irrational Belief Religious Orientation Religious Freedom Conscientious Objection Religious Believer 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Springer Science+Business Media B.V. 2010

Authors and Affiliations

  1. 1.The College of Management, Law SchoolRishon LeZionIsrael

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