Conscience, Volitional Necessity, and Religious Exemptions
31 Pages Posted: 23 May 2013
Date Written: December 8, 2009
Abstract
Why do we ever grant religious exemptions? Many distinguished scholars and judges have been drawn to the idea that it is conscience that is entitled to special protection, because a person in its grip cannot obey the law without betraying his deepest, most identity-defining commitments. The weakness of this justification is shown by examining philosopher Harry Frankfurt’s account of what he calls “volitional necessity,” which clarifies the structure of the argument that invocations of conscience imply. Frankfurt shows that a person can be bound in this way by allegiances that are not moral: volitional necessity can arise from anything at all that a person cares about. Conscience is thus a poor basis for claims upon other people. Accommodation must rather depend on some idea of the value of religion
Keywords: Constitutional Law, Religion Law
JEL Classification: K10, K19, K30, K39
Suggested Citation: Suggested Citation