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The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief. The book provides a liberal defence of this right and argues that it should be considered a defining feature of a liberal democracy. A general right to conscientious exemption is a legal right to conscientiously object to any obligation imposed by law and to receive from a court an exemption from complying with such obligation. The general right defended in the book is not an absolute right. A court may refuse to grant an exemption if doing so would disproportionately impact the rights of others or the public interest. The book suggests how the general right should be balanced against important rights, such as non-discrimination on the basis of sexual orientation.
This short conclusory chapter summarizes the main claims of the book and summarizes how the book has provided evidence to support those claims. It shows that the book’s overall contribution then is to have demonstrated that there is, and there should be in a liberal state, a general right to conscientious exemption available to a person who objects to any legal obligation on the basis of a religious or non-religious conscientious belief.
The chapter introduces the main claims of the book, how they are defended and their implications. The chapter then makes a positive case in favour of the general right to conscientious exemption and for it being equally available to religious and non-religious conscientious objectors. It argues that a non-absolute right to conscientious exemption is justified by reference to a cluster of moral values, including the demands of the state’s duty of neutral pluralism (the duty being grounded in the value of individual moral responsibility and respect for ethical pluralism), respect for personal autonomy, freedom of conscience and concern for individual well-being. The chapter justifies the institution of the general right by showing that it provides holders of minority moral views with an alternative forum, i.e. a court of law, where they may be able to bring a claim and ask for exemptions from legal obligations which impinge on their conscience. It concludes by showing that the justifications provided for exemptions generally and for the general right cannot justify the right being a privilege of only those that object on the basis of non-religious beliefs. Non-religious conscientious beliefs should also benefit from the general right.
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