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Scopes of Religious Exemption

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Scopes of Religious Exemption: A Normative Map — (Note: one free download allowed) Religious exemptions take a variety of forms, with distinct logical shapes and normative underpinnings. This paper identifies eight ideal types of religious exemptions, grouped into three larger rubrics, representing a series of different analytic and justificatory structures, to help make sense of what might otherwise seem to be mysterious discontinuities and inconsistencies. The paper suggests how the various types can illuminate each other and how surveying the sequence as a whole might say something about the encounter of religion and state and the power of the legal imagination.

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