Modern Law Review · 2007 · 14 citations · 3 references
LawReligionFreedom Of ReligionHuman RightsMoral RightsAutonomyFree Exercise Of ReligionNormative EthicsReligious FreedomReligious LibertyCivil Society TheoryObligationsReligious Freedom Rights
How should one define the legitimate reach of individuals' institutional obligations in the light of their right to freedom of religion? The most divisive settings for this question involve exclusions from certain jobs and schools. At the same time, some fundamental issues of ethics and law lie in the background. One of the most central concerns choice. On one approach, if there are other sources of work or education that do not make the same demands on the objector then she should choose between conforming and taking up that alternative. On another approach, even if there are such alternatives, people should not be confronted with such a dilemma: they should be entitled to stay in their preferred institution, which must make its best effort to accommodate them. The conflict between these two views arises from underlying differences concerning the nature of free choice itself; about the obligations borne by institutions in civil society; and about basic rights. The connections between these notions are investigated, and a way through the disagreement is suggested.
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Robert Flannigan · Oxford Journal of Legal Studies · 1989 · 100 citations
Fundamental rights: exclusion by agreement?
Gillian Morris · Industrial Law Journal · 2001 · 43 citations
Three Faces of Justice and the Management of Change
Sheldon Leader · Modern Law Review · 2000 · 13 citations