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Exemptions: Necessary, Justified, or Misguided?
Kent Greenawalt
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Description for Exemptions: Necessary, Justified, or Misguided?
Hardcover. Should laws apply to everyone, or should some people be exempt because of conflicting religious or moral convictions? Through a close study of several cases, from abortion to taxes, Kent Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law. Num Pages: 260 pages. BIC Classification: LAB; LAZ. Category: (P) Professional & Vocational. Dimension: 235 x 156. .
Should laws apply equally to everyone, or should some individuals and organizations be granted exemptions because of conflicting religious or moral convictions? Recently this question hasbecome intensely controversial in America. The Supreme Court's ruling on same-sex marriage, in particular, has provoked barbed debates about legal exemptions. At their core lies the issue of whether basic values of equality and nondiscrimination are at odds with the right to live according to one's religious beliefs. Kent Greenawalt draws on his extensive expertise to place same-sex marriage and other controversies within a broader context. Avoiding oversimplification and reflecting a balanced consideration of competing claims and harms, he offers a useful overview of various types of exemptions and the factors that we should take into account when determining the justice of a particular exemption. Through a close study of several cases, from doctors who will not perform abortions to institutions that do not pay taxes, Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law. Exemptions is a thoughtful guide to reaching just and desirable legal conclusions by respecting those who wish to live according to different fundamental values.
Product Details
Publisher
Harvard University Press
Format
Hardback
Publication date
2016
Condition
New
Weight
544g
Number of Pages
260
Place of Publication
Cambridge, Mass, United States
ISBN
9780674659872
SKU
V9780674659872
Shipping Time
Usually ships in 7 to 11 working days
Ref
99-1
About Kent Greenawalt
Kent Greenawalt is University Professor at Columbia University.
Reviews for Exemptions: Necessary, Justified, or Misguided?
The qualities that make Greenawalt so universally and strongly admired are on full display here
thoughtfulness, mastery of detail, deep empathy for competing positions, and clear writing. This will be an important book, not only in the fraught present but also in the calmer future.
Nelson Tebbe, Brooklyn Law School Greenawalt, in this readable, informative, in-depth study, probes the under-researched area of government exemptions. The author's primary focus is the basic underlying reasons for deciding to grant exemptions and determining their scope. Greenawalt persuasively illustrates, beyond recent controversial headlines, how to weigh competing values favoring or opposing exemptions from historical, comparative, and critical perspectives. Readers of Greenawalt's work will have the tools necessary to analyze today's controversies resulting from Obergefell v. Hodges and Burwell v. Hobby Lobby. The connecting thread between granting or opposing an exemption is Greenawalt's contention that serious reflection on what should be done requires recognition of actual competing considerations and genuine concern for fellow citizens who differ from others in significant ways.
(10/01/2016) This book deserves a good deal of attention. Like all of Greenawalt's work, Exemptions is clear, careful, and superbly parsed.
Paul Horwitz, University of Alabama School of Law
thoughtfulness, mastery of detail, deep empathy for competing positions, and clear writing. This will be an important book, not only in the fraught present but also in the calmer future.
Nelson Tebbe, Brooklyn Law School Greenawalt, in this readable, informative, in-depth study, probes the under-researched area of government exemptions. The author's primary focus is the basic underlying reasons for deciding to grant exemptions and determining their scope. Greenawalt persuasively illustrates, beyond recent controversial headlines, how to weigh competing values favoring or opposing exemptions from historical, comparative, and critical perspectives. Readers of Greenawalt's work will have the tools necessary to analyze today's controversies resulting from Obergefell v. Hodges and Burwell v. Hobby Lobby. The connecting thread between granting or opposing an exemption is Greenawalt's contention that serious reflection on what should be done requires recognition of actual competing considerations and genuine concern for fellow citizens who differ from others in significant ways.
(10/01/2016) This book deserves a good deal of attention. Like all of Greenawalt's work, Exemptions is clear, careful, and superbly parsed.
Paul Horwitz, University of Alabama School of Law