ABSTRACT

An exemption can be justified, only if the form of accommodation substitutes burdens for those incidentally evaded by the Selective Conscientious Objection. Cogency with respect to the related question is highly relevant, since the Catholic bishops envision civil disobedience as a matter of personal conscience even where no exemption is recognized by law. The freedom of the individual soldier to plead invalidity as a justification of disobedience is, practically speaking, of very minor value relative to the scope of conscientious objection which may arise, and which may in fact retrospectively be shown to have ample support under international law. The imperatives that the rule of law be respected and the common defense be secured impose definite limits on the extent of the accommodation that can be given individual conscience. Even with pre-induction accommodation, there are serious difficulties with Professor Kent Greenawalt's proposal.