國立高雄大學圖資館 |

Language: English

Back

Conscientious objectiondissent and democracy in a common law context /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Conscientious objectionby Kerry O'Halloran.
Reminder of title:	dissent and democracy in a common law context /
Author:	O'Halloran, Kerry.
Published:	Cham :Springer International Publishing :2022.
Description:	xxiii, 569 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Civil rights.
Online resource:	https://doi.org/10.1007/978-3-030-97648-4
ISBN:	9783030976484$q(electronic bk.)

Conscientious objectiondissent and democracy in a common law context /
O'Halloran, Kerry.

Conscientious objectiondissent and democracy in a common law context /[electronic resource] :by Kerry O'Halloran. - Cham :Springer International Publishing :2022. - xxiii, 569 p. :ill., digital ;24 cm. - Ius gentium: comparative perspectives on law and justice,v. 982214-9902 ;. - Ius gentium: comparative perspectives on law and justice ;v.10..

Book Introduction -- Part 1: Citizen And State -- Intro to Part 1 -- Conscience and Conscientiousness: Principles, Concepts and Parameters -- Dissent & the Common Law Nations: Pluralism and Objecting Conscientiously -- Part 2: Conscientious Objection and Contemporary International Law -- Intro to Part 2 -- The International Legal Framework for Conscientious Objection and Themes for Comparative Jurisdictional Analysis -- Part 3: Jurisdictional Survey -- Intro to Part 3 -- England and Wales -- Ireland -- U.S.A. -- Canada -- Australia -- New Zealand -- Part 4: Equality, Exemption And Democracy -- Intro to Part 4: Themes of Jurisdictional Commonality and Difference -- A Democratic and Diverse Society: Balancing Equality and Exemption -- Conclusion.

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 explores the 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.

ISBN: 9783030976484$q(electronic bk.)

Standard No.: 10.1007/978-3-030-97648-4doiSubjects--Topical Terms:

188013
Civil rights.

LC Class. No.: K3240 / .O53 2022

Dewey Class. No.: 342.085

Conscientious objectiondissent and democracy in a common law context /
LDR:04337nmm a2200337 a 4500 001 623125
003 DE-He213
005 20220325133308.0
006 m d
007 cr nn 008maaau
008 221209s2022 sz s 0 eng d
020 $a 9783030976484$q(electronic bk.)
020 $a 9783030976477$q(paper)
024 7 $a 10.1007/978-3-030-97648-4 $2 doi
035 $a 978-3-030-97648-4
040 $a GP $c GP
041 0 $a eng
050 4 $a K3240 $b .O53 2022
072 7 $a JPVH $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a JPVH $2 thema
082 0 4 $a 342.085 $2 23
090 $a K3240 $b .O36 2022
100 1 $a O'Halloran, Kerry. $3 261037
245 1 0 $a Conscientious objection $h [electronic resource] : $b dissent and democracy in a common law context / $c by Kerry O'Halloran.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2022.
300 $a xxiii, 569 p. : $b ill., digital ; $c 24 cm.
490 1 $a Ius gentium: comparative perspectives on law and justice, $x 2214-9902 ; $v v. 98
505 0 $a Book Introduction -- Part 1: Citizen And State -- Intro to Part 1 -- Conscience and Conscientiousness: Principles, Concepts and Parameters -- Dissent & the Common Law Nations: Pluralism and Objecting Conscientiously -- Part 2: Conscientious Objection and Contemporary International Law -- Intro to Part 2 -- The International Legal Framework for Conscientious Objection and Themes for Comparative Jurisdictional Analysis -- Part 3: Jurisdictional Survey -- Intro to Part 3 -- England and Wales -- Ireland -- U.S.A. -- Canada -- Australia -- New Zealand -- Part 4: Equality, Exemption And Democracy -- Intro to Part 4: Themes of Jurisdictional Commonality and Difference -- A Democratic and Diverse Society: Balancing Equality and Exemption -- Conclusion.
520 $a 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 explores the 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.
650 0 $a Civil rights. $3 188013
650 0 $a Conflict of laws. $3 207122
650 0 $a Common law. $3 183149
650 0 $a Conscientious objection. $3 338821
650 1 4 $a Human Rights. $3 558690
650 2 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 913280
650 2 4 $a Theories of Law, Philosophy of Law, Legal History. $3 557741
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
830 0 $a Ius gentium: comparative perspectives on law and justice ; $v v.10. $3 557755
856 4 0 $u https://doi.org/10.1007/978-3-030-97648-4
950 $a Law and Criminology (SpringerNature-41177)