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Opting Out: Conscience and Cooperation in a Pluralistic Society

Opting Out: Conscience and Cooperation in a Pluralistic Society

David S. Oderberg

(2018)

Additional Information

Abstract

Should people with deeply held objections to certain practices be allowed to opt out of involvement with them? Should a Christian baker who objects to homosexuality be allowed to deny service to a customer seeking a cake for a gay wedding? Should a Catholic nurse be able to refuse to contribute to the provision of abortions without losing her job? The law increasingly answers no to such questions. But David Oderberg argues that this is a mistake. He contends that in such cases, opting out should be understood as part of a right of dissociation – and that this right needs better legal protection than it now enjoys.

Table of Contents

Section Title Page Action Price
here 33
_GoBack 127
The author x
Acknowledgements xi
Summary xii
1\tIntroduction 1
Brief background to this book 1
Overview of topics covered\t 9
2\tThe attack on freedom of conscience 19
The Obamacare mandate 19
The UK midwives 20
Canadian euthanasia 22
The EU versus conscience 22
Weddings, adoptions, holidays, operations 24
3\tThe state of the law: unclear and inadequate 28
UK: freedom of conscience needs a microscope 28
The law is a mess 33
Participation is not enough 36
4\tLaw needs philosophy: ethical principles of cooperation 40
How might you act wrongly? Let me count the ways 40
Types of cooperation 43
Dispensability 46
Proximity 48
Balancing goods and bads 50
Should you sign? It depends 65
5\tApplication to contested cases 69
Hobby Lobby: what it got right, what it got wrong 69
Zubik v. Burwell: an opt-out or a trigger? 73
Doogan and Wood cannot stand 77
Equality Acts and regulations: a charter for inequality 81
6\tFreedom of conscience: how far can it go? 86
Pluralism to the rescue? 86
Freedom of dissociation 94
When monopoly is coercion 103
The Satanist nurse 105
Sex and race 107
What kind of society? 110
7\tPolicy guidelines: time for parliaments and courts to take notice 115
How to take freedom of conscience seriously without harming others 115
Does the UK need a Religious Freedom Restoration Act? 119
General statutory guidelines 121
The role of case law 123
Sincerity is not enough 125
Conclusion 128
References 130
About the IEA 136
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