The Coerced Conscience

The Coerced Conscience examines liberty of conscience, the freedom to live one's life in accordance with the dictates of conscience, especially in religion. It offers a new perspective on the politics of conscience through the eyes of some of its most influential advocates and critics in Western history, John Milton, Thomas Hobbes, Baruch Spinoza, and Pierre Bayle. By tracing how these four philosophers, revolutionaries, and heretics envisioned, defended, and condemned this crucial freedom, Amy Gais argues that liberty of conscience has a more controversial history than we often acknowledge today. Rather than defend or condemn a static, monolithic view of liberty conscience, these figures disagreed profoundly on what protecting this fundamental principle entails in practice, as well as the threat of hypocrisy and conformity to freedom. This revisionist account of liberty of conscience challenges our intuitions about what it means to be free today.

This book uncovers the threat of conformity to liberty of conscience, past and present.

Publisher Description

In Western countries conscientious objection is usually accommodated in various ways, at least in certain areas (military conscription, medicine) and to some extent. It appears to be regarded as fundamentally different from other kinds of objection. But why? This study argues that conscientious objection cannot be understood as long as conscience is misunderstood. The author provides a new interpretation of the historical development of expressions of conscience and thought on the subject, and offers a new approach to conscientious objection rooted in the symbol-approach to conscience.

This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement. Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.

What is social justice? For Friedrich Hayek, it was a mirage—a meaningless, ideological, incoherent, vacuous cliché. He believed the term should be avoided, abandoned, and allowed to die a natural death. For its proponents, social justice is a catchall term that can be used to justify any progressive-sounding government program. It endures because it venerates its champions and brands its opponents as supporters of social injustice, and thus as enemies of humankind. As an ideological marker, social justice always works best when it is not too sharply defined. In Social Justice Isn’t What You Think It Is, Michael Novak and Paul Adams seek to clarify the true meaning of social justice and to rescue it from its ideological captors. In examining figures ranging from Antonio Rosmini, Abraham Lincoln, and Hayek, to Popes Leo XIII, John Paul II, and Francis, the authors reveal that social justice is not a synonym for “progressive” government as we have come to believe. Rather, it is a virtue rooted in Catholic social teaching and developed as an alternative to the unchecked power of the state. Almost all social workers see themselves as progressives, not conservatives. Yet many of their “best practices” aim to empower families and local communities. They stress not individual or state, but the vast social space between them. Left and right surprisingly meet. In this surprising reintroduction of its original intention, social justice represents an immensely powerful virtue for nurturing personal responsibility and building the human communities that can counter the widespread surrender to an ever-growing state.

Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.

"In 'Coercion and Responsibility in Islam', Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder. Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems."--Publsher's website