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Liberty of Conscience

Justification and Limits

Liberty of Conscience cover

Liberty of Conscience

Justification and Limits

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Pre-order. Available Sep 17 2026
$157.95 RRP $175.50 Website price saving $17.55 (10%)

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Description

This book sets out a novel account of the conceptual foundations of liberty of conscience based on John Rawls's concept of moral personality.

Liberty of conscience (often called religious freedom) is a notoriously broad right. As understood in many legal systems, it can extend to virtually any action or inaction, ranging from dietary choices to objections to military service, and potentially provide protection against the application of a state's laws in respect of that action or inaction. To understand the proper limits of this right, it is necessary to inquire into its conceptual foundations.

The book shows that protection of liberty of conscience is warranted because of its importance to the exercise and development of the two moral powers of individuals that comprise their moral personality: the power to judge right and justice, and the power to form and pursue a conception of the good. However, some possible limitations for the right relating to the rights of others and the common interest flow from this rationale.

Utilising this theoretical account, the book analyses two case studies at the limits of religious freedom in the law of the UK and USA: pandemic lockdown restrictions on religious gatherings, and non-discrimination laws in their application to same-sex couples.

Table of Contents

1. Introduction
2. The Rationale of Liberty of Conscience
3. The Limits of Liberty of Conscience
4. Liberty of Conscience and Neutrality
5. Coronavirus Pandemic
6. Discrimination towards Same-Sex Couples
7. Conclusion

Product details

Published Sep 17 2026
Format Hardback
Edition 1st
Pages 256
ISBN 9781509985272
Imprint Hart Publishing
Dimensions 234 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Guy Baldwin

Guy Baldwin is Lecturer in Public Law and Human Ri…

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