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176455988
Conscientious Objection: Dissent and Democracy in a Common Law Context (Ius Gentium: Comparative Perspectives on Law and Justice)
Item #:
176455988
ZAR 1607
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This book highlights the importance of cultural context in understanding conscientious objection and its role in shaping the future of democracy.
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What Stands Out
In-depth Analysis
Offers comprehensive insights into conscientious objection within democratic frameworks, addressing its implications in common law contexts, thus appealing to legal scholars and practitioners.
Comparative Perspectives
Explores global perspectives on dissent and democracy, providing a rich comparative analysis that enhances understanding of legal principles and their applications across various jurisdictions.
Scholarly Contribution
Contributes significantly to contemporary legal discourse, paving the way for further exploration and debate around the intersection of personal beliefs and democratic values in law.
Product Details
- 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.
| Publisher | Springer |
| Publication date | March 30, 2023 |
| Edition | 1st ed. 2022 |
| Language | English |
| Print length | 596 pages |
| ISBN-10 | 3030976505 |
| ISBN-13 | 978-3030976507 |
| Item Weight | 1.81 pounds (820 grams) |
| Dimensions | 6.1 x 1.35 x 9.25 inches (15.5 x 3.4 x 23.5 cm) |
| Part of series | Ius Gentium: Comparative Perspectives on Law and Justice |
Who Should Buy?
-
Legal Scholars
This book is ideal for legal scholars researching the intersection of conscientious objection and democratic principles in law.
-
Activists
Activists focusing on human rights and civil liberties will gain insights into conscientious objection within democratic societies.
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Students
Law students studying constitutional law or public policy will benefit from a comprehensive examination of dissent and democracy.
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General Readers
Individuals without a background in law may find the legal jargon and concepts difficult to understand and engage with.
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ZAR 1607
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Features & Benefits
- Explores the history of conscientious objection across six common law nations.
- Analyzes moral dilemmas from military service refusal to current vaccination hesitancy.
- Investigates the intersection of dissent, citizenship, and social movements like Black Lives Matter.
- Offers a comparative assessment of national law concerning conscientious objection.
- Highlights key judicial rulings and their implications for future legal developments.
- Addresses the societal consequences of dissent, including the fragmentation of democratic values.
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