Sunday, January 25, 2015

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

Andrew Koppelman

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 to Schwartzman’s critique in a new piece in the San Diego Law Review, available here.

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