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Borderlines in Private Law

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Why Tolerate Religion?


ISBN13: 9780691163543
Published: August 2014
Publisher: Princeton University Press
Country of Publication: USA
Format: Paperback (Hardback in 2012)
Price: £14.99
Hardback edition price on application, ISBN13 9780691153612



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This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory - why is religion singled out for preferential treatment in both law and public discourse? Why, for example, can a religious soup kitchen get an exemption from zoning laws in order to expand its facilities to better serve the needy, while a secular soup kitchen with the same goal cannot? Why is a Sikh boy permitted to wear his ceremonial dagger to school while any other boy could be expelled for packing a knife? Why religious obligations that conflict with the law are accorded special toleration while other obligations of conscience are not? In "Why Tolerate Religion?", Brian Leiter argues that the reasons have nothing to do with religion, and that Western democracies are wrong to single out religious liberty for special legal protections. He offers new insights into what makes a claim of conscience distinctively "religious", and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.

Subjects:
Human Rights and Civil Liberties
Contents:
Preface to the Paperback Edition
Preface and Acknowledgments
Introduction
Chapter I Toleration
Chapter II Religion
Chapter III Why Tolerate Religion?
Chapter IV Why Respect Religion?
Chapter V The Law of Religious Liberty in a Tolerant Society

Notes
Selected Bibliography
Index