Conscientious objection : dissent and democracy in a common law context / Kerry O'Halloran.
O'Halloran, Kerry, author.
2022
K3240 .O53 2022
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Title Conscientious objection : dissent and democracy in a common law context / Kerry O'Halloran.
Author O'Halloran, Kerry, author.
ISBN 9783030976484 (electronic bk.)
3030976483 (electronic bk.)
9783030976477
3030976475
DOI https://doi.org/10.1007/978-3-030-97648-4
Published Cham : Springer, [2022]
Copyright ©2022
Language English
Description 1 online resource.
Other Standard Identifiers 10.1007/978-3-030-97648-4 doi
Call Number K3240 .O53 2022
Dewey Decimal Classification 342.08/5
Summary This book traces, assesses and compares the history of conscientious objection in the cultural context of six common law nations from refusal of military service and a range of similar moral dilemmas, to objecting to abortion, to the current social polarisation surrounding vaccination hesitancy in the COVID-19 pandemic. It considers the impact of this form of dissent in relation to social movements like Black Lives Matter, social activists such as Gandhi, and whistle blowers like Daniel Ellsberg. It reflects on the relationships between the sacred and the secular, the state and the citizen, in order to better understand the responsibilities of citizenship in our increasingly secular societies. It analyses what defines the conscientiousness of an objection from both legal and ethical standpoints. It examines what constitutes a matter of conscience, why this should justify exemption from civic duties and why this form of dissent has such a time-honoured status. It explores the increased reliance on grounds of religion, belief or conscience as providing justification for excusing some citizens from complying with certain responsibilities mandated by equality and non-discrimination legislation that are binding for all others. By conducting a comparative evaluation of national law and judicial rulings on a fixed agenda of issues, this book identifies key jurisdictional differences concerning conscientious objection. In so doing, it highlights the importance of cultural context and constructs a jurisdiction-specific overview of legislation, policies and case law. By tracking policy developments and highlighting crucial judicial rulings particularly in the US it provides insights into the probable future direction of developments in national law relating to conscientious objection. Lastly, the book draws attention to some of the potential consequences of manifesting dissent by opting out of performing public services e.g. the possible local breakdown of specific service availability (e.g. abortion, officiating at same-sex marriages, and immunisation); prompting population movements as established democratic civil rights are locally negated (reproductive rights, LGBT rights, right to health protection); fragmenting society into a geographic patchwork of regions in which some citizens are branded as conservative/reactionary and others as progressive; and fuelling the culture wars with profound implications for a coherent democratic society.
Bibliography, etc. Note Includes bibliographical references and index.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerLink, viewed April 1, 2022).
Series Ius gentium (Dordrecht, Netherlands) ; v. 98. 2214-9902
Available in Other Form Conscientious objection.
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Book Introduction
Part 1: Citizen And State
Intro to Part 1
Conscience and Conscientiousness: Principles, Concepts and Parameters
Dissent & the Common Law Nations: Pluralism and Objecting Conscientiously
Part 2: Conscientious Objection and Contemporary International Law
Intro to Part 2
The International Legal Framework for Conscientious Objection and Themes for Comparative Jurisdictional Analysis
Part 3: Jurisdictional Survey
Intro to Part 3
England and Wales
Ireland
U.S.A.
Canada
Australia
New Zealand.-Part 4: Equality, Exemption And Democracy
Intro to Part 4: Themes of Jurisdictional Commonality and Difference
A Democratic and Diverse Society: Balancing Equality and Exemption
Conclusion.

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