'Religion' as a Bundle of Legal Proxies: Reply to Micah Schwartzman

7 Pages Posted: 22 Jan 2015

Date Written: 2014


The American legal tradition of giving religion special treatment is justified, I have argued, because when interpreted at a sufficiently high level of abstraction, religion serves as an indispensable legal proxy for a plurality of important goods. Micah Schwartzman argues, in response, that using religion as a legal proxy remains vulnerable to charges of unfairness toward those with secular ethical and moral convictions. I respond here to Schwartzman’s critique.

Keywords: Religion, First Amendment

JEL Classification: K10, K30

Suggested Citation

Koppelman, Andrew M., 'Religion' as a Bundle of Legal Proxies: Reply to Micah Schwartzman (2014). 51 San Diego L. Rev. 1079 (2014), Northwestern Public Law Research Paper No. 15-04, Available at SSRN: https://ssrn.com/abstract=2552909

Andrew M. Koppelman (Contact Author)

Northwestern University School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8431 (Phone)

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