HL 6 Freedom of conscience: how far can it go?

Freedom of conscience: how far can it go?
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Pluralism to the rescue?
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Equality and anti-discrimination laws
Note:STRUMENTI DELLA SOCIETÁ LIBERALE

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Trade-offs are unavoidable,
Note:INEVITABILE

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When it comes to freedom of religion and conscience, what we now see are laws and court decisions that (a) impinge upon matters of fundamental principle and (b) constitute an ongoing, systematic pattern of reducing those freedoms to things with little substance or meaning.
Note:LA RELIGUONE VIEPPIÙ MINIMIZZATA DALKE CORTI

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religious believers are increasingly on the back foot
Note:ULTIMA RUOTA

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We will see further debates about ‘neuro-enhancers’, e.g. drugs that give people a ‘cognitive advantage’ over others, and other forms of bio-enhancement and life-extension technology.
Note:IN FUTURO IL PROBLEMA È DESTINATO AD ALLARGARSI

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What, then, is the meaning of pluralism?
Note:DI CERTO NN PUÒ VOLER DIRE CHE IL TUO CREDO È ecc RRILEVANTE

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A liberal state, on any reasonable conception, is not a secular authoritarian state.
Note:...ATRIMENTI È AUTORITARISMO

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where the line is drawn
Note:OFFRIREMO ALCUNI PRINCIPI

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conscientious objection is presumed to be sincere unless proven otherwise.
Note:PRIMA FACIE...PRIMO PRINCIPIO

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what is objected to genuinely belongs to a religious or ethical code
Note:TERZA PRIMA FACIE....NN FILOSOFEGGIARE TROPPO

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what is objected to is something over which there is a history of dispute
Note:ALTRO ELEMENTO

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freedom of religion and conscience, at least where health care is concerned, primarily governs refraining from
Note:QUARTO....ASTENERSI È PIÙ TUTELATO DEL FARE...PRINCIPIO CHIAVE...VEDI TRADE OFF TRA DIRITTO AD ABORTIRE E DIRITTO AD ASTENERSI

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When a conscientious objector asks to refrain from involvement in some practice, that does not – as I will emphasise shortly – prevent the other person, such as the patient, from being subject to that practice
Note:LA RAGIONE È EVIDENTE

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Consider the horrific practice of female genital mutilation.
Note:CASO SCASSI IN CUI SI CHIEDELIBERTÁ DI FATE

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freedom of conscience and religion applies only if the protection afforded the objector does not entail that they behave in a way that is clearly inconsistent with exercise of their profession.

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SESTO PRINCIPIO....LIMITE...ESSENZA DELLA PROFESSIONE

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sincere belief that curing patients or doing anything to improve their physical welfare is wrong.
Note:CHI CREDE A QS NN PUÓ FARE IOL MEDICO!!!!!!!

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Freedom of dissociation
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freedom of association.
Note:LA PIÙ IMPORTANTE LIBERTÀ

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the right to choose your friends,
Note:IL DIRITTO NELLA SUA ESSENZA

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choose your spouse
Note:ESEMPIO

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choose where you live,
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freedom of contract,
Note:COLLEGATI

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totalitarianism is a likely consequence.
Note:SENZA DIRITTO DI ASSOCIARSI

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coercion of membership
Note:TIPICO DELLE SOC TOTALITARIE

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freedom of association is a fundamental right,
Note:CONCLUSIONE

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freedom of dissociation.
Note:L EQUIVALENTE ROVESCIATO

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Just as I am free to choose my friends, so I am free to drop them;
Note:ES

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I suggest that freedom of religion and conscience in a liberal society can be looked at as a manifestation or aspect of the fundamental freedom of dissociation
Note:TESI

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the broader freedom of dissociation that liberalism ought to accept as basic.
Note:LIBERALISMO E DISSOCIAZIONE

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I have no right to pressure you to make friends with certain people
Note:ESEMPIO

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I have no right to force you to go and watch the yearly Gay Pride parade.
Note:ESEMPIO

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the anti-liberal drift
Note:MAREA

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if the law requires a person to sell their goods and services to another person (under pain of severe financial penalty), even though they object on conscientious grounds to doing so, why shouldn’t the law also require a person to work for another person even though they object, on conscientious grounds, to working for that person?
Note:I PARADOSSI CHE SI CREANO VIOLANDO IL DIRITTO DI ASSOCIAZIONE

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For what it is worth, forced labour has long been condemned by the International Labour Organization, in conventions dating back to 1930 and 1957.
Note:SI ARRIVA ALO SCHIAVISMO!!!!

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Suppose we were in the unlikely situation where the gay couple could not find another guest house
Note:CASO ESTREMO

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In that case, given the assumption that both sides had an equal entitlement to have their rights respected
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a coin toss looks like the only solution.
Note:SOLUZIONE

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When monopoly is coercion
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Monopolies are inherently coercive.
Note:TESI

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We probably all agree that, in general, monopolies are an economically bad thing.
Note:PUNTO DI PARTENZA

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The National Health Service is a virtual monopoly supplier.
Note:IN GB

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if you want to work as a doctor, nurse or other mainstream health practitioner, it is almost certain you will have to work for the NHS.
Note:CONSEGUENZA

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it is very hard to exercise your freedoms when you have no other place to go.
Note:CONSEGUENZA SECONDA

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Suppose, however, that there were no (virtual) monopoly on health
Note:CONTROFATTUALE

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Because there is a far more expansive private health sector in the US than in the UK, there is already far more employment choice
Note:US VS UK

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The Satanist nurse
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Consider the Satanist nurse who refuses to treat Christians because it goes against her Satanist code of conduct.
Note:UN CASO DIFFICILE

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The remedy would be for every hospital to make it abundantly clear what kinds of treatment they provided and whether their patient base was universal or restricted.
Note:POSSIBILE VIA D USCITA...L ESSENZA DELLA PROFESSIONE

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there should be no conscience protection for objectors not wanting to be involved in activities that are manifestly ‘part and parcel’ of the medical profession.
Note:IL PRINCIPIO

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Suppose the Satanist’s views were bound up with her attitude to the ethics of euthanasia; suppose she had a story to tell about the need to let elderly and terminally ill Christians ‘meet their Maker’ rather than treat them, or some such.
Note:UN CASO PIÙ DIFFICILE

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if there really were only one Satanist health-care worker with no Satanist support to rely on, it would, alas, be bad luck: if the person in that society is so idiosyncratic in their beliefs as to find themselves out on a limb, they might just have to make some sacrifices
Note:SENZA UNA TRADIZIONE L OB È PROBLEMATICA

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Sex and race
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cases involving race, gender or sexual orientation
Note:CASI SIMILI

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Should we be going back to the bad old days when signs were found outside shops saying ‘We don’t serve blacks’ or ‘We don’t serve Jews’ or ‘Irish need not apply’?
Note:IL RISCHIO DELLA LIBERTÀ DI ASSOCIAZIONE

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In contemporary liberal society with a reasonably free market in goods and services, in fact, dissociation might lead to a thriving market in guest houses for gay couples (only gay and also mixed), and perhaps also in guest houses for Christians.
Note:ESITO DIVERSO

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for instance, male-only clubs are still legal in the UK but there has been a surge in female-only clubs in upscale parts of London.
Note:ESITI SIMILARI

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still legal in the UK to refuse membership to a club or association on grounds of, among other characteristics, religion or ethnic origin,
Note:ESEMPIO

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What kind of society?
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An objector will probably claim that all my talk about full and fair access, and the usefulness of private markets, is completely missing the point.
Note:probabilmente un obbiettore non sarebbe d'accordo con il nostro freddo resoconto

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It is not, they will say, about second-class standards but about the kind of society we want to live in,
Note:LE VERE RAGIONI

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The governments of pluralistic societies, as well as many liberal-minded citizens, want people to be happy together, not apart.
Note:IL SOGNO UTOPICO DELL'OBBIETTORE INGENUO

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It is not clear to me why civic friendship, if I can put it that way, is especially different in this regard from personal friendship.
Note:IL MIO PUNTO

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Other than that, I contend, we are – to put it in a slightly negative form – free to be left alone. I am not averse to calling the freedom of dissociation the ‘right to be left alone’
LEFT ALONE