Conscientious Objection: Dissent and Democracy in a Common Law Context

Format: Paperback / softback
Length: 569 pages
Publication date: 30 March 2023
Publisher: Springer Nature Switzerland AG

This comprehensive book delves into the rich history of conscientious objection, exploring its evolution across six common law nations. It begins by examining the historical roots of conscientious objection, from refusals of military service to moral dilemmas such as abortion. It then examines the contemporary landscape, particularly focusing on the social polarisation surrounding vaccination hesitancy during the COVID-19 pandemic. The book assesses the impact of conscientious objection on social movements like Black Lives Matter, social activists like Gandhi, and whistle blowers like Daniel Ellsberg. It reflects on the complex relationships between the sacred and the secular, the state and the citizen, in order to understand the responsibilities of citizenship in our increasingly secular societies.

The book conducts a rigorous analysis of what defines conscientious objection from both legal and ethical perspectives. It explores the concept of a matter of conscience, why it should justify exemption from civic duties, and why this form of dissent has a long-standing historical significance. It also examines the increasing reliance on "grounds of religion, belief, or conscience" as a justification for excusing certain citizens from complying with certain responsibilities mandated by equality and non-discrimination legislation.

Through a comparative evaluation of national law and judicial rulings on a predefined agenda of issues, the book identifies key jurisdictional differences concerning conscientious objection. It highlights the importance of cultural context and provides a jurisdiction-specific overview of legislation, policies, and case law. By tracking policy developments and highlighting crucial judicial rulings, particularly in the United States, the book offers insights into the likely future direction of developments in national law relating to conscientious objection.

In conclusion, this book is a valuable resource for scholars, policymakers, and activists interested in understanding the history, implications, and future of conscientious objection. It sheds light on the complex relationships between the state, society, and individual conscience and provides a comprehensive analysis of the legal and ethical frameworks that govern this important form of dissent.

Weight: 902g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030976507
Edition number: 1st ed. 2022