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Conscientious Objection

Dissent and Democracy in a Common Law Context

Authors:

  • Analyses the conflict between conscientious objection and equality/non-discrimination law
  • Traces and assesses the history of conscientious objection in its cultural context
  • Presents a unique and timely examination of the ethical and legal grounds for opting out of performing public services

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 98)

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Table of contents (12 chapters)

  1. Front Matter

    Pages i-xxiii
  2. Part III

    1. Front Matter

      Pages 111-111
    2. England and Wales

      • Kerry O’Halloran
      Pages 113-167
    3. Ireland

      • Kerry O’Halloran
      Pages 169-229
    4. United States of America

      • Kerry O’Halloran
      Pages 231-305
    5. Canada

      • Kerry O’Halloran
      Pages 307-369
    6. Australia

      • Kerry O’Halloran
      Pages 371-427
    7. New Zealand

      • Kerry O’Halloran
      Pages 429-480
  3. Part IV

    1. Front Matter

      Pages 481-481
    2. Themes of Jurisdictional Commonality and Difference

      • Kerry O’Halloran
      Pages 483-520
    3. Conclusion

      • Kerry O’Halloran
      Pages 547-552
  4. Back Matter

    Pages 553-569

About this book

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 exploresthe 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.

Authors and Affiliations

  • Ballycastle, UK

    Kerry O'Halloran

About the author

Kerry O’Halloran, a professionally qualified lawyer and social worker, has been an academic at several UK universities and most recently was Adjunct Professor at QUT in Brisbane (2004-2018). Author of some 150 publications, including 30 books such as Charity Law & Social Inclusion (Routledge, 2006,) and Religious Discrimination and Cultural Context (CUP, 2018), he has served on government bodies and advised on government law reform programmes.

Bibliographic Information

Buy it now

Buying options

eBook USD 99.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 129.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 129.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access