Supreme Court Law Review, 2nd Series, Volume 113

This collection of papers takes a fresh look at the nature and authority of conscience, and considers the extent to which the law should recognize claims of conscience.

Publication Language: English

Published: December 21, 2023

Publisher: LexisNexis Canada

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Book
$340.00
In Stock ISBN: 9780433530268
Hardcover | 270 pages

 

This collection of papers was developed from the International Association for Philosophy of Law and Social Philosophy (IVR) World Congress in Bucharest, Romania in 2022. The essays take a fresh look at the nature and authority of conscience, and consider the extent to which the law should recognize claims of conscience. The contributions have been curated into three main sections, moving from more general philosophical questions, to fundamental jurisprudential concerns, and then to specific dilemmas of conscience faced today.

 Introduction − Angus J. L. Menuge and Barry W. Bussey

PART I: THE NATURE AND AUTHORITY OF CONSCIENCE

Some Preliminaries on Conscience, Morality, and the State − Paul Copan

Three-Dimensional Conscience: A Theo-Legal Proposal for Testing Conscience Claims − David Guretzki

Conscience Inside Out: From Inner Compunction to Common Reason in Action − Hendrik Kaptein

Understanding Fundamental Rights: The Role of Conscience − Michał Rupniewski

PART II: CONSCIENCE AND THE RULE OF LAW

The Independence of Judicial Conscience − Barry W. Bussey

Public Policy in Crisis: When May the Government Override Rights of Conscience? − Justice Dallas K. Miller and Angus J. L. Menuge

The Inner Compass and the Outer Law: Insights into Functions and Malfunctions of the Conscience − Claudia Mariéle Wulf

PART III: DILEMMAS OF CONSCIENCE

Conscience and Democracy − Brian Bird

Rights and Responsibilities of Conscience: The Courts Cannot Have It Both Ways − Andy Steiger

Medical Conscience Rights (and Wrongs) in Canada − Janet Epp Buckingham

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