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All Outputs (31)

Lockdowns and Intergenerational Justice (2022)
Book Chapter
Nehushtan, Y. (2022). Lockdowns and Intergenerational Justice. In Pandemic Response and the Cost of Lockdowns: Global Debates from Humanities and Social Sciences (171 - 194). https://doi.org/10.4324/9781003259336-16

In deciding its response to COVID-19, the UK government has made a policy decision to sacrifice both the short-term and long-term well-being of young people in the UK in order to shortly prolong the life of the elderly. The UK’s policy regarding the... Read More about Lockdowns and Intergenerational Justice.

Pandemic Response and the Cost of Lockdowns: Global Debates from Humanities and Social Sciences (Ed. Peter Sutoris, Sinéad Murphy, Aleida Mendes Borges, Yossi Nehushtan) (2022)
Book
Nehushtan, Y. (2022). P. Sutoris, S. Murphy, A. Mendes, & Y. Nehushtan (Eds.), Pandemic Response and the Cost of Lockdowns: Global Debates from Humanities and Social Sciences (Ed. Peter Sutoris, Sinéad Murphy, Aleida Mendes Borges, Yossi Nehushtan)

Pandemic Response and the Cost of Lockdowns brings the vast analytical apparatus of the humanities and social sciences to the task of critically analysing the political decisions taken in 2020–21. The global response to the COVID-19 pandemic left... Read More about Pandemic Response and the Cost of Lockdowns: Global Debates from Humanities and Social Sciences (Ed. Peter Sutoris, Sinéad Murphy, Aleida Mendes Borges, Yossi Nehushtan).

Toleration and Compassion: a Conceptual Comparison (2021)
Book Chapter
Nehushtan, Y., & Prince, E. (2021). Toleration and Compassion: a Conceptual Comparison. In Palgrave Handbook on Toleration

This paper aims to explore a currently under-developed conceptual comparison between toleration and compassion. The paper clarifies the meaning of toleration and compassion, highlights a few misconceptions regarding both concepts, and describes the o... Read More about Toleration and Compassion: a Conceptual Comparison.

Conscientious Exemptions: Between Toleration, Neutrality and Respect (2021)
Book Chapter
Nehushtan, Y. (2021). Conscientious Exemptions: Between Toleration, Neutrality and Respect. In The Palgrave Handbook on Toleration. Springer. https://doi.org/10.1007/978-3-030-42121-2_54

This chapter explains why granting conscientious exemptions is almost always the outcome of toleration – and always the outcome of toleration – in cases where the exemption is granted from a law that reflects or enforces moral values. The chapter exp... Read More about Conscientious Exemptions: Between Toleration, Neutrality and Respect.

The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law (2020)
Journal Article
Nehushtan, Y. (2020). The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law. Israel Law Review, 135-158. https://doi.org/10.1017/S0021223719000189

Ever since the Wednesbury decision in 1947 UK public law has been applying the concepts ‘rationality’ and ‘reasonableness’ indistinguishably. Rationality has also been used as a ‘mega ground of judicial review’, covering many other, distinct grounds... Read More about The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law.

Conscientious Objection and Equality Laws: Why the Content of the Conscience Matters (2019)
Journal Article
Nehushtan, Y. (2019). Conscientious Objection and Equality Laws: Why the Content of the Conscience Matters. Law and Philosophy, 227-266. https://doi.org/10.1007/s10982-019-09347-5

By enacting equality laws the liberal state decides the limits of liberal tolerance by relying on content-based rather than content-neutral considerations. Equality laws are not and cannot be neutral. They reflect a content-based moral decision about... Read More about Conscientious Objection and Equality Laws: Why the Content of the Conscience Matters.

The Difference between Illegitimate Conscience and Misguided Conscience: Equality Laws, Abortion Laws and Religious Symbols (2019)
Book Chapter
Nehushtan, Y., & Coyle, S. (2019). The Difference between Illegitimate Conscience and Misguided Conscience: Equality Laws, Abortion Laws and Religious Symbols. In 'Conscientious Exemptions in a Liberal State: Theoretical, Doctrinal and Comparative Perspectives'

When the liberal state decides whether to accommodate conscientious objections, it can apply one of two approaches: a content-neutral approach or a content-based approach. Choosing one of these approaches is necessary in order to define the limits of... Read More about The Difference between Illegitimate Conscience and Misguided Conscience: Equality Laws, Abortion Laws and Religious Symbols.

The Foundations of Conscientious Objection: Against Freedom and Autonomy (2018)
Journal Article
Nehushtan, Y., & Danaher, J. (2018). The Foundations of Conscientious Objection: Against Freedom and Autonomy. Jurisprudence, 541-565. https://doi.org/10.1080/20403313.2018.1454031

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the iss... Read More about The Foundations of Conscientious Objection: Against Freedom and Autonomy.

Civic Conscience, Selective Conscientious Objection and Lack of Choice (2017)
Journal Article
Nehushtan, Y. (2017). Civic Conscience, Selective Conscientious Objection and Lack of Choice. Ratio Juris, 433-450. https://doi.org/10.1111/raju.12184

Most democratic states tolerate, to various extents, conscientious objection. The same states tend not to tolerate acts of civil disobedience and what they perceive as selective conscientious objection. In this paper it is claimed that the dichotomy... Read More about Civic Conscience, Selective Conscientious Objection and Lack of Choice.

The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality (2017)
Journal Article
Nehushtan, Y. (2017). The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality. Israel Law Review, 69-86. https://doi.org/10.1017/S0021223716000261

Ever since the Wednesbury decision in 1947 UK courts and UK public law scholars have been struggling to comprehend the meaning of ‘reasonableness’ and its relation to ‘proportionality’. The main purpose of this article is to promote conceptual clarit... Read More about The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality.

The Case for a General Constitutional Right to be Granted Conscientious Exemption (2016)
Journal Article
Nehushtan, Y. (2016). The Case for a General Constitutional Right to be Granted Conscientious Exemption. Oxford Journal of Law and Religion, 230 - 254. https://doi.org/10.1093/ojlr/rww004

Conscientious exemption is called for when a person’s conscience conflicts with the demands or the requirements of the law. Most of the academic research about the practice of granting conscientious exemptions and its justification explores the quest... Read More about The Case for a General Constitutional Right to be Granted Conscientious Exemption.

Offensive Expressions: The Limits of Neutral Balancing Tests and the Need to Take Sides (2016)
Journal Article
Nehushtan, Y. (2016). Offensive Expressions: The Limits of Neutral Balancing Tests and the Need to Take Sides. Human Rights Law Review, 1 - 28. https://doi.org/10.1093/hrlr/ngv047

This article discusses the issue of offensive expressions, that is, expressions which cause harm or offence to the sensitivities and values of others. When the authorities are asked to approve an offensive expression or to protect the offensive speak... Read More about Offensive Expressions: The Limits of Neutral Balancing Tests and the Need to Take Sides.

What Are Conscientious Exemptions Really About? (2013)
Journal Article
Nehushtan, Y. (2013). What Are Conscientious Exemptions Really About?. Oxford Journal of Law and Religion, 393 - 416. https://doi.org/10.1093/ojlr/rws045

The main argument of this article is that granting conscientious exemptions is best understood as the outcome of tolerance than as a way of applying the idea of equality. It is also argued that perceiving the right to be granted conscientious exempti... Read More about What Are Conscientious Exemptions Really About?.