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Why Tolerate Conscience?

François Boucher1, Cécile Laborde1

  • 1London, United Kingdom.

Criminal Law and Philosophy
|September 23, 2016
PubMed
Summary
This summary is machine-generated.

This study critiques Brian Leiter's arguments on legal exemptions for religion and conscience. It questions whether conscience alone deserves protection and if secular conscience is distinct from religious belief, impacting legal toleration theories.

Keywords:
BrianFreedom of conscienceFreedom of religionLegal exemptionsLeiterToleration

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Area of Science:

  • Philosophy of Law
  • Legal Ethics
  • Religious Studies

Background:

  • Brian Leiter's "Why Tolerate Religion?" argues against special legal status for religion, proposing equal protection for secular conscience.
  • Leiter later expresses reservations about universal exemptions due to practical and moral concerns.
  • This work engages with Leiter's central claims regarding the basis and extent of legal toleration for religious and secular beliefs.

Purpose of the Study:

  • To critically examine two key claims in Leiter's argument: that conscience, not religion per se, merits toleration, and that principled toleration doesn't necessitate legal exemptions.
  • To question the distinction between religious belief and secular conscience, and the justification for respecting the latter.
  • To explore alternative theories of legal exemptions beyond classical liberal toleration.

Main Methods:

  • Philosophical analysis and argumentation.
  • Critical examination of legal and ethical theories concerning religious and secular conscience.
  • Comparative analysis of different approaches to legal exemptions and toleration.

Main Results:

  • The study challenges Leiter's ability to clearly differentiate religious belief from secular conscience and justify respect for secular conscience.
  • It questions Leiter's assertion that principled toleration precludes stronger legal exemption policies.
  • The analysis suggests that established theories of legal exemptions may not align with Leiter's proposed framework.

Conclusions:

  • Leiter's argument for prioritizing conscience over religion for legal protection is found to be insufficiently supported.
  • The distinction and justification for respecting secular conscience require further elaboration.
  • Rethinking legal exemptions necessitates moving beyond traditional liberal toleration models.