Cultural Exemptions as an Object of a Theoretical Discussion – in Search for a Framework
In the paper, the author introduces a theoretical framework for a contemporary discussion regarding the permissibility of cultural exemptions (accommodations). The author distinguishes three levels of analysis that need to be addressed in any legislative case concerning cultural exemptions. The first level refers to the issue of general policy, particularly to the question whether such exemptions are justified pro tanto. The second level concerns an examination of the relevant conditions for a particular cultural accommodation in a given context (for example questions regarding the character of the generally applicable norm and the character of a specific cultural commitment). Finally, the third level deals with a detailed legal design of a specific cultural exemption.
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