Stopler on Religious Liberty as a Human Right

Gila Stopler (College of Law and Business – Ramat Gan Law School) has posted How Could Religious Liberty Be a Human Right: A Reply to Andrew Koppelman (Forthcoming in 16(3) INT’L J. CONST. L.) on SSRN.  Here is the abstract: In his article "How could religious liberty be a human right?" Andrew Koppelman argues that there is a unique and distinct human right to religious liberty which cannot be reduced to or derived from other existing human rights such as the rights to conscience, equality, or integrity. According to Koppelman, religion is a hypergood and an object of strong evaluation, and since it combines multiple goods, some of which are hard to pin down, religion should serve as a proxy for these goods, and the right to religious liberty should protect all that is religion. In my response I critique Koppelman's proxy approach and claim that its theoretical weaknesses and practical deficiencies are more extensive than Koppelman is…

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