On Being Tolerated
University of Oxford - Faculty of Law; Queen's University - Faculty of Law
The Legacy of HLA Hart, M. Kramer, et. al., eds., Oxford University Press, Forthcoming
Oxford Legal Studies Research Paper No. 14/2008
Why is it that toleration can be uncomfortable for the tolerated? And how should tolerators respond to that discomfort? This paper argues that properly directed toleration can be deficient in its scope, grounds or spirit. That explains some of the discomfort in being tolerated. Beyond this, the occasions for toleration - the existence of a power to prevent and of an adverse judgment - can also make toleration sting. The paper then explores and rejects two familiar suggestions about how one should respond to this discomfort: with acceptance or recognition of the tolerated. It is proposed instead that toleration should be supplemented by understanding. The nature and importance of this attitude are assessed.
Number of Pages in PDF File: 31
Keywords: Toleration, Liberalism, Multiculturalism, Recognition, Sexuality, H.L.A.Hart
Date posted: May 23, 2008