Two Ways of Conceptualizing the Relationship between Equality and Religious Freedom

There are two possible ways to conceptualize the relationship between equality and religious freedom. The first is that both equality and religious freedom are derivative of some single, conceptually prior Master Value, such as dignity or self-determination: Monism. The second is that equality and r...

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Bibliographic Details
Published in:Journal of law, religion and state
Main Author: Rosen, Mark D. (Author)
Format: Electronic Article
Language:English
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Published: Brill 2016
In: Journal of law, religion and state
Year: 2016, Volume: 4, Issue: 2, Pages: 117-145
Further subjects:B Monism pluralism religious liberty equality same-sex marriage balancing conflicts constitutional rights constitutional conflicts Waldron Dworkin Alexy
Online Access: Volltext (Verlag)
Parallel Edition:Non-electronic
Description
Summary:There are two possible ways to conceptualize the relationship between equality and religious freedom. The first is that both equality and religious freedom are derivative of some single, conceptually prior Master Value, such as dignity or self-determination: Monism. The second is that equality and religious freedom are independent, irreducibly distinct values: Pluralism. According to Monism, the Master Value’s conceptual unity means its derivative values cannot conflict. Pluralism understands rights to be susceptible of intractable conflict because they are incommensurable.
ISSN:2212-4810
Contains:In: Journal of law, religion and state
Persistent identifiers:DOI: 10.1163/22124810-00402001