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Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale Per Controversialius

By Alliance Alert

Villanova Law Review: "The paper goes on to argue that while equality and conscience are concepts that are reasonably contested, Nussbaum illegitimately gives them priority over the also reasonably contested concept of the liberty of the church(es). The paper concludes by arguing, with the help of Jacques Maritain and William Galston, that the political sphere is better shaped (and limited) by robust respect for the equality of humans, freedom of conscience, and the liberty of the churches (and certain other groups), but without our either pretending that any of them is not reasonably contestable or attempting to mold churches (and certain other groups) in the image of the state."

Full post as published by Constitutionally Correct on April 06, 2009 (boomark / email).