Foundations for a human right to freedom of conscience: the moral right to conscientious objection

Tang, RHS

Oxford Thesis Collection

Thesis

Foundations for a human right to freedom of conscience: the moral right to conscientious objection

Abstract:: The moral right to freedom of conscience or conscientious objection has not been successfully established in theory, which has led to legal protection that is dubious and unreliable. The aim of this thesis is to provide a coherent theory of why and how the law ought to protect the moral right to conscientious objection. It does so by establishing the philosophical foundations of the moral right: (1) explaining the nature of conscience by explaining what conscience is supposed to do and what it looks like when it is working, and (2) explaining its role in the development of virtue in the human person and in the good governance of a democratic society. Because of conscience’s relation to virtue, I argue that the foundational principle of a moral right to conscientious objection is neither autonomy nor tolerance, but the state’s duty to give effect to the overriding objective of promoting (and not thwarting) the pursuit of the common good as the communal life of virtue. I argue that, in the UK, cases such as Janaway, Doogan, and Ladele have reflected the law’s failure to protect the moral right to conscientious objection, a right that is separable from freedom of religion. Applying the concepts and arguments made earlier in the thesis, I conclude by proposing a draft bill that acts as one articulation of how the law could give adequate, just and robust legislative protection for the moral right. Such protection for conscientious objection is not an unattainable dream.

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APA Style

Tang, R. (2026). Foundations for a human right to freedom of conscience: the moral right to conscientious objection [PhD thesis]. University of Oxford.

MLA Style

Tang, RHS. Foundations for a Human Right to Freedom of Conscience: The Moral Right to Conscientious Objection. 2026. University of Oxford, PhD thesis.

Chicago Style

Tang, RHS. 2026. “Foundations for a Human Right to Freedom of Conscience: The Moral Right to Conscientious Objection.” PhD thesis, University of Oxford.
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