Nehushtan, Y and Danaher, J (2018) The Foundations of Conscientious Objection: Against Freedom and Autonomy. Jurisprudence. pp. 1-25. ISSN 2040-3321

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Abstract

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the issue of conscientious objection implies that the conscientious objector should have an independent choice among alternative beliefs, positions or values. In this paper it is argued that: (a) it is not true that the typical conscientious objector has such a choice when they decide to act upon their conscience and (b) it is not true that the typical conscientious objector exercises autonomy when developing or acquiring their conscience. Therefore, with regard to tolerating conscientious objection, we should apply the concept of autonomy with caution, as tolerating conscientious objection does not reflect respect for the conscientious objector’s right to choose but rather acknowledges their lack of real ability to choose their conscience and to refrain from acting upon their conscience. This has both normative and analytical implications for the treatment of conscientious objectors.

Item Type: Article
Additional Information: This is the accepted author manuscript (AAM). The final published version (version of record) will be available online via Taylor & Francis at https://doi.org/10.1080/20403313.2018.1454031- please refer to any applicable terms of use of the publisher.
Uncontrolled Keywords: Freedom of conscience, conscientious objection, autonomy, determinism, free will
Subjects: J Political Science > JX International law
K Law > KZ Law of Nations
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 29 Mar 2018 14:49
Last Modified: 20 Jun 2018 10:27
URI: http://eprints.keele.ac.uk/id/eprint/4678

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