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Religion in the Law: The Disaggregation Approach

Laborde, C; (2015) Religion in the Law: The Disaggregation Approach. Law and Philosophy , 34 (6) pp. 581-600. 10.1007/s10982-015-9236-y. Green open access

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Abstract

Should religion be singled out in the law? This Article evaluates two influential theories of freedom of religion in political theory, before introducing an alternative one. The first approach, the Substitution approach, argues that freedom of religion can be adequately expressed by a substitute category: typically, freedom of conscience. The second, the Proxy approach, argues that the notion of religion should be upheld in the law, albeit as a proxy for a range of different goods. After showing that neither approach adequately meets crucial desiderata for an inclusive theory of religious freedom, the Article sets out the Disaggregation approach and defends against the alternatives.

Type: Article
Title: Religion in the Law: The Disaggregation Approach
Open access status: An open access version is available from UCL Discovery
DOI: 10.1007/s10982-015-9236-y
Publisher version: http://dx.doi.org/10.1007/s10982-015-9236-y
Language: English
Additional information: Copyright The Author(s). This article is published with open access at Springerlink.com 2015
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
URI: https://discovery.ucl.ac.uk/id/eprint/1473267
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