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The University of Akron

2005

Law and Religion

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A Practical And Pragmatic Approach To Freedom Of Conscience, Martin H. Belsky Jan 2005

A Practical And Pragmatic Approach To Freedom Of Conscience, Martin H. Belsky

Akron Law Faculty Publications

Using a series of anecdotes and illustrations, the author posits that freedom of conscience, broadly defined, can only be protected, if at all, by assertive individual and group action. Such action must be not just against government interference but also against non-governmental or private activities as well as intimidation. Professor Belsky urges individual balancing of the freedom of conscience and other legal, governmental and societal interests. This balancing is a form of “constitutionalism,” and when necessary must be followed up by enforcement through personal action.


A Practical And Pragmatic Approach To Freedom Of Conscience, Martin H. Belsky Jan 2005

A Practical And Pragmatic Approach To Freedom Of Conscience, Martin H. Belsky

Martin H. Belsky

Using a series of anecdotes and illustrations, the author posits that freedom of conscience, broadly defined, can only be protected, if at all, by assertive individual and group action. Such action must be not just against government interference but also against non-governmental or private activities as well as intimidation. Professor Belsky urges individual balancing of the freedom of conscience and other legal, governmental and societal interests. This balancing is a form of “constitutionalism,” and when necessary must be followed up by enforcement through personal action.