Conscience and rights / general editors, Barry Bussey, B.A., LL.B., M.A., LL.M., MPACS, PhD, Angus J. L. Menuge, PhD.
2024
K3258 .C66 2024 (Mapit)
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Title
Conscience and rights / general editors, Barry Bussey, B.A., LL.B., M.A., LL.M., MPACS, PhD, Angus J. L. Menuge, PhD.
Imprint
Toronto, Ontario : LexisNexis Canada Inc., 2024.
Description
xxi, TC-2, 242 pages ; 23 cm
Formatted Contents Note
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 / Michal Rupniewski
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
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.
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 / Michal Rupniewski
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
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.
Summary
"In this special issue, we attempt to take a fresh look at the nature and authority of conscience, and to consider the extent to which the law should recognize claims of conscience. Most of the papers included here developed from drafts presented at the IVR World Congress in Bucharest, Romania in 2022. Other papers were solicited from qualified individuals unable to attend that event in person. 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 we face today. On paper, the 1982 Canadian Charter of Rights and Freedoms provides expansive, constitutional protections for freedom of conscience. Yet, as Janet Epp Buckingham argues, when put to the test, courts have typically permitted major infringements of rights of conscience. Legal challenges based on conscientious objections to blood transfusions, military service, solemnizing same-sex marriages, and participating in activities sanctioned by MAID laws have routinely been struck down by courts, and this calls into question the practical significance of the Charter. The Charter is an impressive legal achievement, but more work needs to be done to make a reality of its admirable aim to protect rights of conscience and fundamental liberties."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references.
Available Note
Issued also in electronic format.
Available in Other Form
Online version: Conscience and rights. Toronto, Ontario : LexisNexis Canada, 2024
Call Number
K3258 .C66 2024
Language
English
ISBN
9780433530282 paperback
0433530286 paperback
0433530286 paperback
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