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Religious Freedom in the Liberal State$
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Rex Ahdar and Ian Leigh

Print publication date: 2013

Print ISBN-13: 9780199606474

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199606474.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 January 2022

Limits to Religious Freedom

Limits to Religious Freedom

(p.157) 6Limits to Religious Freedom
Religious Freedom in the Liberal State

Rex Ahdar

Ian Leigh

Oxford University Press

This chapter discusses the ways that religious freedom can be restricted to more ‘manageable’ proportions. There are at least five such limiting strategies. Four of them involve making a distinction between the realm that is unhampered by the law and the restricted realm by focusing on the type of belief or the consequences of the action involved. These are distinctions between: belief and action per se; other and self-regarding acts; religiously compelled and religiously motivated acts; and core and peripheral beliefs. The chapter explains and critiques each one before considering a fifth strategy, reasonable limitation. It explains why this strategy is preferred over the others.

Keywords:   belief-action, proportionality, state interest, accommodation, horizontal rights, clashing rights, reasonable limitation

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